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REMOTE STORAGE 


“YURSTACKS OFFICE 


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OF) Te 
wi VERSITY OF ILLiaey 
i MAW 1918 


THE 


REVISED CODE OF ORDINANCES 


OF THE 


e11y OF HOUSTON 


OF 1914 


Passed May 6, 1914 
Ae aenven by the Mayor May 6, 1914 
HARRIS COUNTY, TEXAS 


IN CONNECTION WITH WHICH ARE PUBLISHED THE 
CHARTER OF THE CITY OF HOUSTON, AS AMENDED 
TO OCTOBER 1913, AND EXTRACTS FROM THE 
CONSTITUTION, THE REVISED CIVIL 
STATUTES OF 1911, AND THE 
CODE OF CRIMINAL PROCEDURE 
RELATING TO MUNICIPAL 
CORPORATIONS 


COMPILED AND INDEXED 


BY 
BP PHEERS 


of the 
HOUSTON BAR 


PUBLISHED BY AUTHORITY OF THE CITY COUNCIL 
OF THE CITY OF HOUSTON 


1914 


Beis 
7) ie 


a REMOTE SToRac: 


CHARTER 


OF THE 


CITY OF HOUSTON 


PASSED - - MARCH, 1905 
AMENDED - - APRIL, 1905 
AMENDED - AUGUST, 1911 
AND AMENDED BY VOTERS 
OCTOBER, 1913 


COMPILED AND INDEXED 


BY 
Bev Ps PEER EPS 


of the 


HOUSTON BAR 


PUBLISHED BY AUTHORITY OF THE CITY COUNCIL 
OF THE CITY OF HOUSTON 
1914 


5 Myth Sct 6-6 


PREFACE 


In 1905 the Twenty-ninth Legislature granted to the “City 
of Houston” a new Charter, giving to it what is commonly 
known as the Commission Form of Government. This was a 
material departure from the old method. It was found neces- 
sary at the same session of the Legislature to amend Sections 2 
and 17 of Article 9 of said Charter for the purpose of provid- 
ing for an election, etc., and it was amended. 

The Thirty-second Legislature in 1911 again amended the 
Charter, subject to a ratification by the voters, by adding 
Article IV (a), entitled “Street Improvements.” This amend- 
ment was subsequently ratified. No other amendments were 
made until 1918, when at an election held on October fifteenth, 
the voters of the city, by virtue of the authority conferred upon 
them by constitutional amendment and the enabling act passed 
in pursuance thereof by the Thirty-third Legislature in 1913, 
adopted certain amendments. The Charter here presented is 
the Charter of the ‘‘City of Houston” as it now exists. 


Where any section of the Charter has been amended by the 
voters it is followed by the section amended, in smaller type, 
and following the amended section in parenthesis is the state- 
ment ‘‘amended; see next preceding section.” 


Sections not amended by the voters have no statements in 
parenthesis following them, but those amended and added have 


' following them in parenthesis “as amended” and “added by 


amendment 1913,” respectively. 

From this it can be readily determined if any section of the 
existing Charter is from the Charter as amended by the Legis- 
lature, or is one amended or added by the voters. 

E. P. PHELPS, 
Compiler. 


297844 


CHARTER OF THECITY OF HOUSTON 


1913 


ARTICLE I. 


Section 1. Corporate Name—That all the inhabitants of the City of 
Houston, Harris County, Texas, as the boundaries and limits of said 
city are herein established, or may be hereafter established, shall be a 
body politic, incorporated under, and to be Known by, the name and style 
of the “City of Houston,” with such powers, rights and duties as are 
herein provided. 


Sec. 2. Boundaries Establishing the City Limits—That the boundaries 
and limits of said corporation, the City of Houston, shall until changed 
by the City Council under some provision vf this Charter be as follows: 

Beginning at a point on the west line of the John Austin survey in the 
center of Buffalo Bayou; 

Thence north along the west line of the John Austin survey to the 
center of White Oak Bayou; 

Thence down White Oak Bayou to a point on the most easterly boundary 
of Houston Heights, being the southeast corner of Forest Park Annex; 

Thence north along the east line of Houston Heights to the present 
northwest corner of the City of Houston; 

Thence east to the present northeast corner of the City of Houston; 

Thence south along the present line of the eastern limits of the City 
of Houston to the north line of Lyons avenue; 

Thence east along the north line of Lyons avenue and extension 
thereof to a point due north of the center line of Main avenue in Port 
Houston subdivision, north side Buffalo Bayou; 

Thence south to-Port Houston and thence along the center line of 
Main avenue and continuation thereof to Buffalo Bayou; 

Thence across said bayou to the intersection of the easterly extension 
of the north line of blocks cad 147 and 156 of Magnolia Park with Buffalo 
Bayou; 

Thence west along said north line of blocks 156, 147 and 138 to the 
north line of Avenue O in Magnolia Park; 

Thence west to the southeast corner of block 139, Magnolia Park; 

Thence north along the east line of blocks 139, 149, 159, 169 and 179, 
Magnolia Park, to the south bank of Buffalo Bayou; 

Thence up said bayou with its meanders to the west line of the H. B. 


and T. Railroad right of way, following the north line of the city of Mag- 
nolia Park; 


“- Charter of the 


Thence southwesterly along said railway to the south line of the Har- 
Tisburg Road; 

Thence eastwardly along said south line of the Harrisburg Road to a 
northerly extension of the east line of the Country Club property; 


Thence southwesterly following said line to Brays Bayou; 

Thence up Brays Bayou with its meanderings to the intersection of the 
easterly extension of a line running east and west parallel with the 
south line of the present limits of the City of Houston, and one mile 
south thereof; 

Thence west along said line to the west line of the Obedience Smith 
survey ; 

Thence north along the west line of the Obedience Smith survey and 
the west line of the John Austin survey to the center of Buffalo Bayou 
and the place of beginning. 


Provided, that nothing herein or by reason hereof is to be construed 
to in any wise affect, curtail or abandon the jurisdiction of the City of 
Houston over that territory not included herein, which was acquired and 
obtained by virtue of that certain ordinance passed by the City Council 
of said city on the 18th day of April, 1913, entitled: “An ordinance ex- 
tending the corporate limits of the City of Houston eastwardly in a gen- 
eral direction with Buffalo Bayou and the Houston Ship Channel, so as 
to include in said city the said navigable stream and the land lying on 
both sides thereof for a distance of twenty-five hundred (2500) feet from 
the thread of said stream, to a distance of twenty (20) miles in an air line 
from the present eastern boundary of said city as established by the City 
Charter granted by the Legislature of the State of Texas in the year 
1905; and also extending the western limits of said city westwardly in 
a general direction with said Buffalo Bayou, so as to include said stream 
and the land lying on both sides thereof for a distance of twenty-five 
hundred (2500) feet from the thread of said stream to the dividing line be- 
tween the Robert Vince survey and the Charles Sage and Alex. Ewing sur- 
veys, and declaring an emergency.” But said ordinance, except so far as 
the same may be amended hereby, is to remain in full force and effect and 
the said City of Houston is to have and, exercise all the rights, powers, au- | 
thority and privileges in said territory given by law and acquired by 
reason of the passage of said ordinance. (As amended, 1913.) 


Sec. 2. Boundaries—That the boundaries and limits of said corporation 
shall be four miles’ square, to be run with the cardinal points of the compass, 
of which the center of the Court House Square of Harris County, in the City 
of Houston, shall be the center; provided, that such part of the present boun- 
daries of the incorporated town of Houston Heights as may be included in 
the above description of the boundaries of the City of Houston, shall be ex- 
cepted therefrom and not included in the boundaries or limits of the City of 
Houston. (Amended; see next preceding section.) 


Sec. 2a. Extending City Limits Upon Petition—That the City of 
Houston, whenever a majority of the qualified voters who are citizens ot 
the State of Texas and inhabitants of any territory adjoining said City 
of Houston desire the annexation of such territory to said city, they 
may present a written petition to that effect to the City Council, and shall 
attach to said petition the affidavit of one or more of their number to 
the effect that said petition is signed by a majority of such qualified 
voters; and thereupon the City Council, at any regular session held not 
sooner than 20 days after the presentation of said petition, may by 
ordinance annex such territory to the City of Houston and thenceforth 


City of Houston 9 


the said territory shall be a part of the City of Houston, and the inhab- 
itants thereof shall be entitled to all the rights and privileges of other 
citizens and shall be bound by the acts, ordinances, resolutions and regu- 
lations of the said city. (Added by amendment, 1913.) 


Sec. 2b. Extending Limits by Action of City Council—The City Council 
shall have power by ordinance to fix the boundary limits of the said City 
of Houston and to provide for the extension of said boundary limits and 
the annexation of additional territory lying adjacent to said city with or 
without the consent of the territory and inhabitants annexed; that upon 
the introduction of such an ordinance in the Council after it has been 
reported upon by the Ordinance Committee and has been amended as 
desired by the Council for final passage it shall be published in some 
daily newspaper published in the City of Houston one time, and shall 
not thereafter be finally passed until at least 30 days has elapsed after 
said publication, and when said ordinance is finally passed the said ter- 
ritory so annexed shall be a part of the City of Houston, and the inhab- 
itants thereof shall be entitled to all the rights and privileges of other cit- 
izens, and shall be bound by the acts, ordinances, resolutions and regula- 
tions of the said city. (Added by amendment, 1913.) 


Sec. 3. Platting of Property—That should any property lying within 
the city limits as established by this act be hereafter platted into blocks 
and lots, then and in that event the owners of said property shall plat and 
lay the same off to conform to the streets and lots abutting on same, and 
shall file with the City Engineer a correct map of same; provided, that 
in no case shall the City of Houston be required to pay for any of said 
streets at whatever date opened, but when opened by reason of the 
platting of said property, at.whatever date platted, they shall become 
by such act the property of the City of Houston for use as public high- 
ways, and shall be cared for as such. 


ARTICLE II. 


Section 1. Corporate Powers—The City of Houston, made a body pol- 
itic and corporate by this act, shall have perpetual succession, may use 
a common seal, may sue and be sued, may contract and be contracted 
with, implead and be impleaded in all courts and places and in all matters 
whatever, may take, hold and purchase lands as may be needed for the 
corporate purposes of said city, and may sell any real estate or personal 
property owned by it, perform and render all public services, and, when 
deemed expedient, may condemn property for public use, and may hold, 
manage and control the same; such condemnation proceedings to be 
governed and controlled by the law now in force in reference to the con- 
demnation of the right of way of railroad companies and the assess- 
ment of damages therefor, and shall be subject to all the duties and ob- 
ligations now pertaining to or incumbent upon said city as a corporation 
not in conflict with the provisions of this act, and shall enjoy all the 
rights, immunities, powers, privileges and franchises now possessed and 
enjoyed by said city and herein granted and conferred. 


Sec. 2. General Powers—(a) The City Council shall have power to 
enact and to enforce all ordinances necessary to protect life, health and 
property; to prevent and summarily abate and remove nuisances; to pre- 


10 Charter of the 


serve and promote good government, order, security, amusement, peace, 
quiet, education, prosperity and the general welfare of said city and its 
inhabitants; to exercise all the municipal powers necessary to the com- 
plete and efficient management and control of the municipal property 
and affairs of said city to effect the efficient administration of the 
municipal government of said city; to exercise such powers as conduce 
to the public welfare, happiness and prosperity of said city and its 
inhabitants; and to enact and enforce any and all ordinances upon any 
subject; provided, that no ordinance shall be enacted inconsistent with 
the provisions of this Charter; and, provided further, that the specification 
of particular powers shall never be construed as a limitation upon the 
general powers herein granted; it being intended by this Charter to 
grant to and bestow upon the inhabitants of the City of Houston and the 
City of Houston full power of local self-government, and it shall have 
and exercise all powers of municipal government not prohibited to it by 
its Charter, or by the provisions of the Constitution of the State of Texas. 


(b) The city shall have all powers that are or hereafter may be granted 
to municipalities by the Constitution or laws of Texas; and all such pow- 
ers, whether expressed or implied, shall be exercised and enforced in 
the manner prescribed by this Charter, or when not prescribed herein, 
in such manner as shall be provided by ordinance or resolution of the 
Council. 


In addition to all the powers enumerated in this Charter, implied 
thereby or appropriate to the exercise thereof, the city shall have and 
may exercise, in the manner hereinbefore provided, all other powers 
which, under the Constitution and laws of this State, it would have been 
competent for this Charter specifically to enumerate. (As amended, 1913.) 


Sec. 2. Powers of Ordinance—The City of Houston shall have power to en- 
act and to enforce all ordinances necessary to protect health, life and prop- 
erty, and to prevent and summarily abate and remove nuisances, and to pre- 
serve and enforce the good government, order and security of the city and its 
inhabitants; to protect the lives, health and property of the inhabitants of 
said city, and to enact and.enforce any and all ordinances upon any subject; 
provided, that no ordinance shall be enacted inconsistent with the laws of the 
State of Texas, or inconsistent with the provisions of this act; and provided, 
further, that the specification of particular powers shall never be construed 
as a limitation upon the general powers herein granted; it being intended 
by this act to grant to and bestow upon the inhabitants of the City of Hous- 
ton and the City of Houston full power of self-government, and it shall have 
and exercise all powers of municipal government not prohibited to it by this 
Charter or by some general law of the State of Texas, or by the provisions 
of the Constitution of the State of Texas. (Amended; see preceding sec- 
tion.) 


Sec. 3. Real Estate, Etc., Owned by City—All real estate owned in 
fee simple title, or held by lease, sufferance, easement or otherwise; all 
public buildings, market houses, school houses, fire engine stations, public 
squares, parks, streets, alleys, and all property of whatever kind, char- 
acter and description which has been granted, donated, purchased, or 
otherwise acquired by the City of Houston through any means or 
agency, and all causes of action, choses in action, rights or privileges of 
every kind and character, and all property of whatsoever character or 
description which may have been held, and is now held, controlled or 
used by said City of Houston for public uses or in trust for the public 
shall vest in, and remain in and inure to the said corporation, the City - 
of Houston, under this act; and all suits and pending actions to which 
the City of Houston heretofore was or now is a party, plaintiff or de- 


City of Houston vu 


fendant, shall in no wise be affected or terminated by the provisions of 
this act, but shall continue unabated. 


Sec. 4. Street Powers—The City of Houston shall have power to lay 
out, establish, open, alter, widen, lower, extend, grade, narrow, care for, 
sell, pave, supervise, maintain and improve streets, alleys, sidewalks, 
squares, parks, public places and bridges, and to vacate and close the 
same; and to regulate the use thereof; and to require the removal from 
the streets and sidewalks of all obstructions, telegraph, telephone, street 
railway or other poles carrying electric wires, signs, fruit stands, show- 
cases, and encroachments of every character upon said streets or side- 
walks; and to vacate and close private ways. 


Sec 4a. Power of Improvement by Condemnation—The City of Houston 
shall also have power to open, extend, straighten, widen and improve any 
public street, alley, avenue or boulevard and for such purposes to acquire 
the necessary lands and to appropriate the same under the power of 
eminent domain, and to provide that the cost of improving any such 
street, alley, avenue or boulevard by opening, extending and widening 
the same shall be paid by the owners of the property specially benefited 
whose property lies in the territory of such improvements, and to pro- 
vide that the cost shall be charged by special assessment, and that a per- 
sonal charge shall be made against any owner for the amount due by him 
and to provide for the appointment, by the County Judge or other officer 
exercising like or similar powers, of three special commissioners for the 
purpose of condemning the said lands and for the purpose of apportion- 
ing the said cost, which apportionment of said cost shall be specially 
assessed by the governing authorities against the owners and the prop- 
erty of the owners lying in the territory so found to be specially bene- 
fited in enhanced value by the said special commissioners. That the 
city shall pay such portion of such cost as may be determined by the said 
special commissioners, provided the same shall never exceed one-third 
of the cost, and the property owners and their property shall be liable 
for the balance of the same as may be apportioned by said commissioners. 
That the city may issue assignable certificates for the payment of any 
such cost against such property Owners, and may provide for the pay- 
ments of any such cost in deferred payments, to bear interest at such 
rate aS may be prescribed by the Charter, not to exceed 8 per cent. That 
the city may adopt any other method for the opening, straightening, widen- 
ing or extending of its streets as herein provided for as may be deemed 
advisable and charge the cost of same against the property and the owner 
specially benefited in enhanced value and lying in the territory of said 
improvement that its Charter may provide. That the authority to adopt 
any other method shall include the manner of appointing commissioners, 
the manner of giving notice and the manner of fixing assessments or 
providing for the payment for any such improvement. 


The City Council shall have power to pass any and all ordinances 
necessary to carry out the provisions of this section. (Added by amend- 
ment, 1913.) 


Sec. 5. To Regulate Street and Electric Railway Companies—The City 
of Houston shall have the power, by ordinance or otherwise, to regulate 
the speed of engines, locomotives and street cars within the limits of 
said city; and to require steam railway companies to keep the streets over 
which they run properly drained, and to light the same wherever deemed 


12 , Charter of the 


necessary, and to require steam and electric railway companies to con- 
struct and keep in repair, from curb to curb, bridges and crossings over 
all the ditches, and to construct and maintain drains and culverts where 
crossed by any line of said railways on all streets over which they run; 
to direct and control the laying and construction of railroad tracks, 
turnouts and switches, and to regulate the grade of same, and to require 
them to conform to the grade of the streets of said city as they may be 
or are now established, and that said tracks, turnouts and switches be so 
constructed and laid out as to interfere as little as possible with the 
ordinary travel in the use of the streets. 

The City of Houston shall have power by ordinance or otherwise to 
require steam railways using any portion of the streets of the city to 
pay all or any part of the paving, grading, draining and repair thereof 
along the street so used by such railway, and to light the same» whenever 
and wherever deemed necessary or advisable. 


Said city shall have power by ordinance or otherwise to require any 
street or electric railway company to pay the cost of the grading, paving, 
repairing or repaving or otherwise improving the street or streets or 
intersections thereof used or occupied by such railway company, and 
such cost shall be a lien upon the property and franchises of the com- 
pany. The portion of the street occupied by an electric or street rail- 
way company shall be deemed to be the space between its tracks and 
twelve inches on the outside of each of its rails, and all the space be- 
tween double tracks, turnouts and switches. 


Any railroad company or street railway company proposing, with the 
permission of the Council, to occupy any street or streets already occu- 
pied by any such other company, shall, besides paying for paving as may 
be required by the City Council, or by the provisions of this act, be 
required also to pay for paving between the tracks of said two roads 
to within twelve inches of the track of such other road, and such cost 
shall be a lien upon the property and franchises of the company. 


Should any railroad or street railway company propose to lay a track 
on any street or portion of a street which shall have been improved 
under the provisions of this act, it shall become liable for the portion 
of the cost of such improvement as the City Council may direct, or 
as is fixed by this act. 


No railroad or street railway company shall be permitted to occupy 
any street or portion of a street, improved or otherwise, not previously 
occupied by it, except with the permission of the City Council. 


The City Council shall have power by ordinance to require any street 
car or electric railway company, or other person or corporation operating 
street cars in, into or through the City of Houston, to issue to its 
passengers transfers from any of its lines to any other lines within 
the city, upon the payment by said passenger of the fare or rate pre- 
scribed for one continuous passage. 


Sec. 5a. Interchange of Service or Common Use of Tracks, Poles, 
Etc.—The City of Houston shall have the power by ordinance to provide 
for the interchange of service or common use by and between every 
person, firm, corporation, assignee, trustee or receiver, including the 
City of Houston, owning, using, operating or controlling any franchise 
or public utility in the City of Houston, over and of the lines, tracks or 
properties owned, held, maintained or operated by such person, firm, 
corporation, assignee, trustee or receiver under such franchise, and 


City of Houston 13 


to have the power to enforce all ordinances passed hereunder by ap- 
propriate provisions, penal or otherwise, including the repeal and for- 
feiture of any of said franchises for non-compliance with the provisions 
of any ordinance or requirement passed under authority hereof. 

By the term “interchange of service or common use” as herein used 
is meant that any person, firm, corporation, assignee, trustee or re- 
ceiver holding a franchise from the city for any public utility shall allow 
the use by the City of Houston or any other person, firm, corporation, 
etc., owning, using, operating or controlling any franchise or public 
utility in the City of Houston upon the payment of a reasonable rental 
‘for such use of any of its poles, tracks, wires, conduits, electric cur- 
rent, right of way or other properties or equipment. 

The City of Houston shall also provide such reasonable rates of 
charge and conditions of use as in its judgment may be meet and proper, 
and the City Council shall especially have the power to compel any 
railroad or terminal company, whether operated by steam, electricity 
or other power, to allow any other terminal or railroad company or 
the City of Houston to use its tracks or physical property under such 
reasonable regulations as to time and manner of use and compensation 
therefor as the City Council may fix. (Added by amendment, 1913.) 


Sec. 6. To Regulate Rates of Public Utilities—The City Council shall 
have the power by ordinance to fix and regulate the price of water, gas 
and electric lights, and to regulate and fix the fares, tolls and charges 
of local telephones and exchanges; of public. carriers and hacks, whether 
transporting passengers, freight or baggage, and generally to fix and 
regulate the rates, tolls or charges of all public utilities of every kind. 


To fix and regulate the fares and charges of electric or street railway 
companies, and shall require by ordinance, under proper penalties, that 
any street railroad using any of the streets of the city shall for one fare 
give a transfer from any of its lines to any other line in the city, 
whether such other line be owned by it or any other company, and 
in addition to the penalties to be prescribed by ordinance for the 
failure to give transfers, shall have the right by mandamus or other 
proper remedy in any court of competent jurisdiction to enforce any 
ordinance requiring the giving of transfers by any street railroad com- 
pany; and in addition thereto the City of Houston may recover of the 
street railway company the sum of twenty-five dollars as penalty and 
liquidated damages for each and every failure to give a transfer. 


It shall be unlawful to continue, amend or extend any street rail- 
road franchise, without binding any such railroad to give universal 
transfers, under provisions to be fixed by general ordinance. 


Sec. 6a. Service and Extensions by Public Utility Concerns—The City 
of Houston shall also have power by ordinance to prescribe the character, 
quality and efficiency of service to be rendered, given, performed and fur- 
nished, and the kind and design of material to be used in all their im- 
provements by persons, firms, corporations, assignees, trustees or receiv- 
ers engaged in the business of furnishing water, gas, electric lights, tele- 
phone service or in the transportation of passengers, or freight and bag- 
gage, or in the operation of any public utility of any kind operated under 
franchise from the City of Houston, and the improvement of their service 
in a manner necessary or required for the public comfort and convenience, 
and to make improvements and betterments of their property. The City 
of Houston shall also have the power to regulate the extension of the 


14 Charter of the 


lines or service of any public utility operated under franchise from the 
City of Houston, and shall have the authority by ordinance to require, 
prohibit or otherwise regulate such extensions of lines or service, and the 
City Council may of its own motion, and shall at the request of any per- 
son, firm or corporation affected by any such proposed extension make 
provision for a hearing for the purpose of determining the reasonableness 
thereof and public necessity therefor. ; 

All such hearings shall be conducted under such provisions as the City 
Council may prescribe. Nothing herein shall prevent the City Council © 
from making general rules and regulations for the extension of lines or 
service. 

The City Council shall have power to enforce all ordinances passed 
under the authority hereof by appropriate provisions, penal or otherwise, 
including the repeal or forfeiture of any of said franchises for non-com- 
pliance with the provisions of any ordinance passed by authority hereof. 
(Added by amendment, 1913.) 


Sec. 7. May Own Waterworks—The City of Houston may buy or con- 
struct, own, maintain and operate a system of waterworks, gas or electric 
lighting plants, street cars and sewers, and it shall be its duty to regu- 
late, care for and dispose of sewage, waste water, surface water, offal, 
garbage and other refuse matter, and to make rules and regulations gov- 
erning the same, and prescribe penalties for violations of said rules and 
regulations. 


Sec. 7a. Ownership, Etc., of Public Utilities—The City of Houston may 
by purchase, lease, condemnation, construction or otherwise, establish, 
own, equip, maintain, conduct and operate, in whole or in part, libraries, 
reading rooms, art galleries, museums, assembly or convention halls, 
parks, playgrounds, gymnasiums, baths, public toilets and comfort sta- 
tions, abattoirs, municipal lodging houses and tenement houses, dispens- 
aries, infirmaries, free employment bureaus, almshouses, work farms, de- 
tention homes, cemeteries, crematories, morgues, works or plants for the 
preparation, manufacture, handling or transportation of materials re- 
quired in the construction, completion, maintenance or repair of streets, 
bridges, sidewalks, sewers and any public work, improvement, building 
or utility, whether specifically mentioned herein or not, and shall have 
power to purchase and contract for any and all materials used in connec- 
tion with the operation of said works or plants, or the maintenance or 
repair of streets, bridges, etc., herein above mentioned, and shall further 
have power to bid on any public work or improvement proposed or insti- 
tuted by or in the City of Houston, and to contract for the same in like 
manner and upon the same terms and conditions as other contractors, 
with the power to purchase any and all materials which may be neces- 
sary to carry out and perform such contract whether same are of the 
kind repaired, manufactured or handled in the plants or works owned by 
the City of Houston or not. The City of Houston may also by purchase, 
condemnation, construction or otherwise establish, own, equip, maintain, 
conduct and operate in whole or in part steam laundries, ice factories, 
bakeries, belt and terminal railways and union depots within or without 
the City of Houston; also, any and all buildings, establishments, institu- 
tions and places, whether situated inside or outside of the city limits, 
which are necessary or convenient for the transaction of public business 
or for promoting .the health, morals, education or welfare of the inhabi- 
tants of the city, or for their amusement, recreation, entertainment or 


City of Houston 15 


benefit; provided, that no contract, appropriation or expenditure under 
this section in excess of one thousand dollars shall ever be valid, unless 
authorized by ordinance duly passed by the Council, after it has been 
read at three regular meetings. (Added by amendment, 1913.) 


Sec. 7b. Power of the City to Buy and Sell Electricity, Etc.—The City 
of Houston shall have the power to buy gas, electricity, steam, water or 
any other kind of power, service or commodity needed for public use, 
and shall have the right to resell by wholesale or retail all such gas, 
electricity, steam or water power, service or commodity which it may not 
need for its own use; provided, that no such purchase or sale shall be 
made by the City Council except upon and by authority of an ordinance, 
passed after it has been read at three regular meetings; provided further, 
that before the city shall be bound by any contract sought to be made by 
the Council for the purchase or sale of any gas, electricity, steam or other 
power, commodity or service for a longer period of time than five years, 
the proposition therefor shall be submitted to a vote of the people of the 
City of Houston, which proposition shall consist of the ordinance pro- 
posed by the City Council and the material terms of the contract, and un- 
less a majority of the votes cast at such election is in favor of the making 
of such contract the same shall not be made. Said election shall be held 
in the manner provided in this Charter and the ordinance ordering the 
same. (Added by amendment, 1913.) 


Sec. 8. Fires—The City of Houston shall have power to provide means 
for the protection against and the extinguishment of conflagrations, and 
for the regulation, maintenance and support of the fire department, and 
for the purpose of guarding against the calamity of fire may prescribe fire 
limits, and may regulate or prohibit the erection, building, placing or re- 
pairing of wooden buildings within such limits in said city as may by 
ordinance be designated and prescribed as fire limits, and may also within 
said limits prohibit the moving or putting up of any wooden buildings 
from without said limits, and may also prohibit the removal of any 
wooden buildings from one place to another within said limits, and may 
direct and prescribe that all buildings within the limits so designated 
in the ordinance as fire limits shall be made or constructed of fire-proof 
material, the kind, character, extent and quality of which buildings 
and material may by ordinance be prescribed and fixed, and may prv- 
hibit the repairing of wooden buildings in fire limits when the same 
shall have been damaged to within fifty per cent of the value thereof, 
and may prescribe the manner of finding such damages, and may de- 
clare all dilapidated buildings to be nuisances and direct the same 
to be repaired, removed or abated in such manner as the Council may 
prescribe, and may declare all wooden buildings in the fire limits which 
they deem dangerous to contiguous buildings, or which may cause or pro- 
mote fires, to be nuisances, and may require and cause the same to be 
removed in such manner as may be prescribed, at the expense of the 
owner, and may further prescribe limits within which only a fire-proof 
roofing may be used, and may impose a penalty for violations of such 
rules and regulations. 

The city shall have the right by ordinance to regulate, prescribe and 
govern the storage of lumber, sash, doors, blinds and any and all kinds 
of goods, wares and merchandise of every kind, and prescribe limits 
within which such materials may be carried, and fix penalties for viola- 
tion of the rules and ordinances governing the same. 


16 Charter of the 


Sec. 9. Harbor and Water Front—Said city shall have power by itself, 
or in connection with the Harris County Navigation District and the 
Government of the United States, to acquire by purchase, lease, condem- 
nation or otherwise, or to construct, keep, maintain, deepen, widen, cover, 
wall or alter waterways, channels, slips and canals; and to improve, 
maintain and control the water front and harbors of the city on Buffalo 
Bayou and its tributaries, whether within or without the city limits, and 
shall also have power to provide by purchase, lease, condemnation or © 
otherwise, and to establish, construct, buy, own, maintain, equip, regulate 
and operate, and to lease or sell the same when constructed, elevators, 
warehouses, bunkers, wharves, docks, dry docks, piers, marine ways, 
levees, seawalls, moles, drawbridges, and other structures and appliances 
for facilitating or accommodating commerce or navigation on Buffalo 
Bayou and its tributaries, whether within or without the city limits. 
And it shall also have power to license, regulate and control the use of 
said streams, or restrain the landing, anchorage, moorage, loading and 
unloading of steamships and steamboats, sailing vessels, tug boats, rafts 
and all other water craft, on said Buffalo Bayou and its tributaries, wheth- 
er within or without the city limits; to fix the rates of wharfage, dockage, 
towage, pilotage and tolls, and to provide for the collection thereof, and 
to make and enforce regulations governing the use of harbors, docks, 
wharves and water front and other navigable waters, and the opening 
and passing of bridges in the said limits on said Buffalo Bayou and its 
tributaries, whether within or without the limits of said city; provided, 
that no contract, appropriation or expenditure hereunder in excess of one 
thousand dollars, or any lease or sale shall be made or ever be valid 
unless authorized by ordinance, passed after it has been read in full at 
three regular meetings. (As amended, 1913.) 


Sec. 9. Wharves and Docks—Said city shall have power to establish, buy, 
erect, maintain, own, lease and regulate wharves and docks, charge wharfage 
and dockage, regulate the use of White Oak and Buffalo Bayous, and fix places 
for the anchorage of water craft thereon. (Amended; see next preceding 
section.) 

Sec. 10. Markets—Said city shall have power to establish, lease, main- 
tain, regulate and operate markets and market places, and abattoirs and 
to build, own and maintain buildings therefor, and to rent and lease the 
same. 


Sec. 11. Charities and Corrections—The city shall have power to es- 
tablish, maintain and regulate the city prison, or city prisons, work 
houses, rock piles and other means of punishment for vagrants, city 
convicts, and disorderly persons, houses of correction and reformatories 
for youthful criminals, compulsory schools for children without parents, 
or vicious parents, or parents who wilfully and grossly neglect them, and 
such other places of incarceration and reformatory institutions, and such 
hospitals, orphanages and charitable institutions as it may deem expedient; 
provided, however, that no gratuity that is purely personal, and no pen- 
sion shall ever be granted to any individual, and no money of the city 
shall be paid out except for personal services rendered, and for the other 
purposes specified or authorized by this act. 


Sec. 12. Fines for Violation of Ordinances—That the by-laws and ordi- 
nances of the city shall be enforced by a fine not to exceed two hundred 
dollars ($200.00); provided, that no ordinance or by-law shall provide a 


lesser penalty than is prescribed for a like offense by the laws of the 
State. 


City of Houston 1Y 


The City Council may provide by ordinance for the commutation of 
fines imposed, by labor in a work house or on a rock pile, or upon the 
public streets and public ways of the City of Houston, and for the col- 
lection of any fine imposed execution may be enforced as other execution 
issued in civil causes. 


Sec. 13. Corporation Court—There shall be a court for the trial of 
misdemeanor offenses known as the ‘Corporation Court,’ with such pow- 
ers and duties as are defined and described in an act of the Legislature 
of the State of Texas, and any acts amendatory thereof, entitled, “An 
Act to establish and create in each of the cities, towns and villages 
of this State a State court, to be known as the Corporation Court, in 
each city, town or village, and to prescribe the jurisdiction and organi- 
zation thereof, and to abolish municipal courts’; said act having been 
presented to the Governor of Texas March 15, 1899, and not having been 
by him disapproved. 


The magistrate of said court shall be known as the “Judge of the 
Corporation Court,” who shall be a qualified voter, and shall be appointed 
by the Mayor and confirmed by the City Council, and shall hold his 
office for two years, unless sooner removed by the Mayor and City 
Council, and shall receive such salary as may be fixed by ordinance. 


It shall be the duty of the Mayor, as soon as practicable after the pas- 
sage of this act, to nominate some suitable person to the City Council, 
to be by it confirmed, for the position of Judge of the Corporation Court, 
who shall discharge the duties of said office under the terms and pro- 
visions of the State law creating said court, and also subject to the 
provisions of this act. 


There shall be a clerk or clerks of said court, with such deputies as 
may be created or provided by ordinance by the City Council, who shall 
be appointed by the Mayor, and shall be subject to removal at any time 
by the Mayor or City Council, and shall receive such salary as may be 
fixed by the City Council. 


The clerk or clerks of said court, and the deputies thereof, shall have 
the power to administer oaths and affidavits, make certificates, affix the 
seal of said court thereto, and generally to do and perform all things 
and acts usual or necessary to be performed by clerks of courts in 
issuing process of said courts and conducting the business thereof. 


The City Council may require such clerk, clerks or deputies created 
by it to perform such other duties, in addition to the duties of the clerk 
or deputy clerk, as may be prescribed, or may provide that some other 
persons, in addition to other duties, may perform the duties of a clerk 
or deputy clerk, without extra compensation. 


Sec. 14. Schools—The City of Houston an Independent School Dis: 
‘trict—The City of Houston shall constitute an independent school dis- 
trict, subject to the general school laws of the State, except where in 
conflict with this act, and the city shali have authority to levy and col- 
lect taxes and appropriate funds for the support and maintenance of 
the public schools within its limits. 


School Trustees—How Appointed, Terms of Office, Etc.—The crustees 
to constitute the School Board of said city shall hereafter be appointed 
by the Mayor, and confirmed by. the Council, but the trustees now in 
office shall continue to serve till the expiration of their respective terms; 
and all vacancies caused by death, resignation, or other cause, shall be 


18 Charter of the 


filled by appointment in the same manner for the unexpired ierm. The 
regular term of members of the School Board shall be two years, and 
the regular appointment of members shall be made at the first meeting 
of the Council in May of each year, or as soon thereafter as practicable, 
and the necessary number of trustees shall be appointed to take the 
places of those whose terms have expired. 


Right of Mayor to Veto Any Pecuniary Liability—No order, resolution, 
or vote of the School Board by which any pecuniary liability shall be 
incurred, or any funds expended or appropriated, shall become effective 
until ten days after the same is adopted, and a certified copy thereof 
furnished to the Mayor, and the Mayor may at any time during said 
period veto the same by filing his objections thereto in writing with 
the secretary of the School Board, who shall enter the objections at 
large upon the minutes of the Board; said order, resolution or vote 
shall become void, unless at the next meeting of the Board it shall 
again be adopted over the veto by the affirmative votes of at least five 
members, whose names shall be entered upon the minutes of the Board. 


City Treasurer Custodian of Funds—The custodian of other city funds, 
as provided by this act, shall be the custodian of all public school funds 
upon the same terms and conditions as other funds, and his bond shall 
cover said school funds. 


How Funds Are to be Paid Out—No school funds shall be paid out 
except upon pay rolls or warrants signed by the president of the School 
Board and the Mayor of the city, and countersigned by the City Con- 
troller. 


Duty of School Board to Make Financial Statements—lIt shall be the 
duty of the School Board to make such financial statements or reports 
as may be requested by the Mayor or the City Council, and the Mayor 
or Council may make or cause to be made all such investigations as to 
the expenditures of funds or the conduct of the schools as either may 
deem proper. 


Members of School Board Not to Receive Any Pay, or to Be Interested 
in Any Contract, or to Buy or Sell Any School Warrants, Etc.—No mem- 
ber of the School Board shall receive any compensation for his services 
in any capacity whatever, nor be interested directly or indirectly in any 
contract with, or claim or demand of any character against the School 
Board of the City of Houston. Any such contract, claim, or demand 
shall be void, and any member of said board who shall become inter- 
ested in any such contract, claim, or demand, or shall buy or sell any 
school warrants or obligations of said Board, and shall have any interest 
in any claims or obligations of said School Board, shall be subject to 
removal by the City Council. 


Sec. 14a. School Board to Furnish Free School Books—It is hereby 
made the duty of the School Board to purchase such text books as are 
required to be used in all the city’s schools, to appropriate money from 
the school funds to pay for said books, and it is hereby made the duty 
of the Mayor of'the City of Houston to approve such appropriations as 
are necessary to pay for said books, such books to be purchased in the 
manner as shall hereinafter be provided. For the school year com- 
mencing September, 1914, on or about such date, and for all terms and 
semesters thereafter, the School Board shall buy and furnish text books 


City of Houston 1A, 


to be used by the pupils of the first four grades, known as first, second, 
third .and fourth grades. For the school year commencing in 1915, and 
for all terms and semesters thereafter, the School Board shall buy and 
furnish text books to be used by the pupils of the first eight grades, 
known as first, second, third, fourth, fifth, sixth, seventh and eighth 
grades. For the school year commencing in 1916, and for all-terms and 
semesters thereafter, and for all school years, terms and semesters in 
the future, for all schools conducted by the City of Houston, including 
the freshman, sophomore, junior and senior classes of the High School, 
the School Board shall buy and furnish all books used by all the pupils 
in all grades whatsoever. The books shall be the property of the City 
of Houston, and they shall be loaned to the pupils within the scholastic 
age attending the public schools, free of charge, for use, and no pupil 
attending school in Houston, Texas, under the provisions of this amend- 
ment, shall be deprived of any books necessary for his studies in the 
aforesaid grades. The control and distribution of the books shall be 
governed by such rules as the School Board sees fit to make, or by such 
ordinances as may be passed by the City Council. All laws or parts of 
laws in conflict herewith shall stand repealed. (Added by amendment, 
1913.) 


Sec. 15. Burial Grounds, Crematories and Cemeteries—The City Coun- 
cil shall have power to regulate burial grounds, crematories and ceme- 
teries, and to prohibit burial within the city limits if deemed advisable, 
or if necessary to protect the public health, and to condemn and close ) 
burial grounds and cemeteries in the thickly settled portions of the city, 
and, when demanded by. the public interest or public health, to remove 
or cause to be removed bodies interred in such condemned and closed 
cemeteries and burial grounds, and shall cause them to be re-interred in 
a Suitable place to be provided by the city, at its expense, and whenever 
advisable, the city may condemn the land proposed to be used for the 
re-interring of bodies in the same manner as in condemnation suits of 
railway companies, and use such condemned ground formerly used for 
cemeteries, for such purposes as may best subserve the interests of the 
city. 

The City Council shall have power and authority to make all needful 
and necessary regulations in regard to butchers and persons selling 
meats, farm products, fish, vegetables and fruit, and all food stuffs, and 
to require the same to be inspected and condemned if not found whole- 
some, and to provide penalties for violation thereof. 


The City Council.shall have the right and power by ordinance to pro- 
vide that the tenant or owner of any property shall pay to the city such 
reasonable charges for the removal of night soil or other refuse matter 
from the closets of the premises thereof, and to prohibit any one except 
someone in the employ of the city, or by the city authorized to do so, 
from removing or carrying away the contents of any privy, vault or 
water closet, or any receptacle of human excrement, and the city shall 
have the right to have inspected the premises of all persons at any 
time in the interest of the public health, and for the purpose of making 
said inspection, the officers or agents of the city, duly authorized to 
do so, shall have a right to enter upon the premises of any person at 
any hour during the day time to make said inspection. Whenever notice 
is given by any officer or employee of the city inspecting any premises 
that said premises need cleaning, the said night soil or other refuse 
matter shall be removed, and the owner or tenant of said premises shall 


20 Charter of the 


pay the city the price prescribed therefor, and failure to do so shall sub- 
ject said persons to the penalties to be prescribed by ordinance, and said 
persons shall be fined, upon conviction in the Corporation Court, in any 
sum not less than one dollar nor more than two hundred dollars. 


To prevent any person from bringing, depositing or having within the 
limits of said city any dead carcasses or any offensive or unwholesome 
substances or matters, and to require the removal or destruction by any 
person who shall have placed upon or near his premises or elsewhere any 
substance or matter, filth or unsound beef, pork or fish, or hides and 
skins of any kind, and on his default, to authorize the removal or de- 
struction thereof by some officer or employe of the city, and to require 
the owner of any dead animal to remove same to such place as may be 
designated. 


The City Council shall also have the power to pass ordinances author- 
izing the destroying of clothing, bedding, furniture and buildings infected 
with the germs of any infectious or dangerous disease, when in the 
discretion of the City Council the public health requires the destruction 
of the same, and may also in the same manner authorize the destruction 
or removal of buildings or other objects, after the same shall have been 
declared a nuisance and to be dangerous to the health or lives of the 
citizens of said city. 


That said corporation of the City of Houston is hereby given full power 
and authority to take such steps to improve and preserve the purity of 
the water in Buffalo Bayou, above the City of Houston, as it may think 
necessary; provided, that the power in this section shall not be con- 
strued to give said corporation any jurisdiction or control over said 
Bayou beyond the corporate limits of said city, except for the purpose 
of protecting or improving the water shed, i. e., the water supply of both 
Buffalo Bayou and the smaller streams or tributaries; provided, further, 
that the said corporation shall have the right to condemn land, build- 
ings and outhouses or closets when they may deem same necessary for 
the protection and preservation of the purity of the water in said Bayou, 
and shal! have such police powers as to control the same. 


The City Council shall also have power to require any persons or cor- 
porations owning or operating manufacturing enterprises within or with- 
out the city, which discharge refuse matter into Buffalo or White Oak 
Bayous, or the tributaries of either, to make other provision for such 
refuse matter, or so purify the same as that the public health will be 
fully protected. 


Sec. 15a. Legal Day’s Work—(a) Hight hours shall constitute a day’s 
work of all laborers, workmen or mechanics now employed or who may 
hereafter be employed by or on behalf of the City of Houston in any 
one calendar day where such employment, contract or work is for the 
purpose of constructing, repairing or improving buildings, bridges, roads, 
highways, streams, levees, sewer building, pipe laying, water construc- 
tion or other work of a similar character requiring the services of la- 
borers, workmen or mechanics. Except in case of emergencies, in which 
event the emergency provisions of Section b hereof shall apply. 


(b) All contracts hereafter made by or on behalf of the City of 
Houston with any corporation, person or association of persons for the 
performance of any work shall be deemed and considered as made on the 
basis of eight hours constituting a day’s work, and it shall be unlawful 
for any corporation, person or association of persons having a contract 


City of Houston vf 


— 


with the City of Houston to require or permit any such laborers, work- 
men or mechanics-to work more than eight hours per calendar day in 
doing such work, except in case of emergency or in cases where it may 
become necessary to work more than eight hours per calendar day for 
the protection of property, human life or other grave necessity. In such 
emergencies the laborers, workmen or mechanics so employed and work- 
ing to exceed eight hours per calendar day shall be paid on the basis of 
eight hours constituting a day’s work; provided, that nothing in this 
amendment shall affect contracts in existence at the time of the taking 
effect of this amendment. 


) 

(c) The City Council shall enact all such ordinances as may be neces- 
sary to carry out and make effective the provisions of this amendment. 
(Added by amendment, 1913.) 


Sec. 16. Peace and Good Order—The City of Houston shall have power 
by ordinance duly passed to establish and maintain the City Police De- 
partment, prescribe the duties of policemen and regulate their conduct. 


To permit, forbid or regulate theatres, balls, dance houses and other 
public amusements, and to suppress the same whenever the preservation 
of order, tranquillity, public safety or good morals may demand. 


To regulate dram shops, drinking saloons and other places where in- 
toxicating liquors are sold, and to close variety theatres when necessary, 
expedient or advisable. 


To prohibit and punish keepers and inmates of bawdy houses and va- 
riety shows; to prevent and suppress assignation houses and houses of 
ill-fame, and to regulate, colonize and segregate the same, and to deter- 
mine such inmates and keepers to be vagrants, and provide for the pun- 
ishment of such persons. 


To inspect weights and measures, fix standards of weights and meas- 
ures, and to fix penalties for not using or conforming to the same, and to 
provide that inspection fees may be fixed by: ordinance. 


To make all needful and proper regulations concerning keepers of 
taverns and grog shops and other public houses, draymen, horse drivers, 
water carriers, omnibus drivers, hack drivers and drivers of baggage 
wagons, and other vehicles, and especially to preserve order and pre- 
vent noise and confusion in and about the several depots on the arrival 
and departure of railway trains, and to provide how and where hacks 
or other carriers shall stand or take their position upon the streets 
adjacent or near to said depots. 


To prevent extortion by carriers of passengers or baggage, hacks, drays 
and public conveyances, by establishing maximum rates of charges and 
providing penalties for violation thereof. 


To provide and fix by ordinance public stands where hacks and drays, 
baggage wagons or other public carriers shall stand on the streets of 
said city for the purpose of soliciting business, and to prescribe that 
they shall not stand, except when receiving or discharging passengers or 
freight, at any points other than those designated in the ordinance as 
public stands. 


To suppress gambling houses, and to punish keepers of gambling 
houses and pool sellers, and all persons who play cards or games of 
chance of any kind, and to punish persons who Sell lottery tickets or 
who advertise lottery drawings or schemes and results of drawings or 
lotteries. 


22 Charter of the 


. 


To provide for the regulation of bakers and to prescribe the weight, 
quality and price for bread manufactured or sold in the City. of Houston, 
according to the price of the material or otherwise, and to provide for 
the inspection of milch cattle, whether kept within the city or without 
the city limits, from which milk is sold within the city, and to provide 
for the inspection of the milk offered for sale, and to prescribe the fees 
to be charged therefor. 


To establish and regulate public pounds and to regulate and restrain 
and prohibit the running at large of horses, mules, cattle, sheep, swine, 
goats, geese and pigeons, and to authorjze the distraining, impounding 
and sale of the same for the cost of the proceedings and the penalty in- 
curred, and to order their destruction when they cannot be sold, and 
to impose penalties upon the owners thereof for the violation of any 
ordinances regulating or prohibiting the same. 


To tax, regulate, restrain and prohibit the running at large of dogs, 
and authorize their destruction when at large contrary to ordinance, and 
to impose penalties on the owners or keepers thereof. 


To prohibit and restrain or regulate the rolling of hoops; the flying of 
kites and firing of firecrackers; the use of velocipedes and bicycles, and 
the use of any pyrotechnic or any other amusement or practices tending 
to annoy persons passing in the streets or sidewalks or to frighten 
horses and teams. 


To restrain and prohibit the ringing of bells or blowing of horns, bugles 
and whistles, crying of goods, and all other noises, practices and per- 
formances tending to the collection of persons in the streets or side- 
walks by auctioneers and others for the purpose of business, amusement 
or otherwise. 


To prohibit mendicants, ‘beggars or persons of infirm or maimed 
bodies, or suffering with diseases of any kind from soliciting aims, help 
or assistance upon the streets or sidewalks of said city, and to prescribe 
a penalty by fine for a non-observance thereof. 


To prohibit and regulate the ringing of bells and blowing of whistles 
of railroad engines or locomotives within the city limits, and to regulate 
the speed thereof. 


To regulate and control the driving of .cattle, horses and all other 
animals into or through the city. 


To prevent all trespasses and breaches of the peace and good order, 
assault and batteries, fighting, quarreling, using abusive, profane and 
insulting language, misdemeanors and all disorderly conduct and punish 
all persons thus offending. 


To prevent and punish the keepers of houses in which loud or immoral 
theatrical representations are given, and to adopt summary measures 
for the removal or suppression of all such establishments. 


The City Council shall have power to require, on due notice, all steam 
or street railway companies owning tracks within the city limits, upon 
the public streets or highways of said city, which may have been or may 
hereafter be abandoned by said companies by non-use, to remove such 
tracks and to restore at their own expense the street or way upon which 
such abandoned track is located to the proper grade. 


To prohibit, prevent and suppress horse racing, immoderate riding and 
driving in the streets of said city. 


To regulate the use of automobiles and the speed thereof. 


City of H ouston ee 


To prohibit and punish the abusers of animals. 


To compel persons to fasten their horses or other animals attached to 
vehicles or otherwise hitched or standing in the streets. 


To restrain and punish vagrants, mendicants, beggars and prostitutes. 


To regulate and control the sale, gift, barter or exchange of cocaine, 
opium, morphine and the salts thereof. 


Sec. 17. Franchises—The right of control, easement, user and the 
ownership of and title to the streets, highways, public thoroughfares and 
property of the City of Houston, its avenues, parks, bridges, and all 
other public places and property are hereby declared to be ‘inalienable, 
except by ordinance duly passed by a majority of all the members of 
the City Council and approved by the Mayor; and no grant of any fran- 
chise, or lease, or right to use the same, either on, along, through, across,, 
under or over the same by any private corporation, association or in- 
dividual, shall be granted by the City Council, unless submitted to the 
vote of the legally qualified voters of said city, for a longer period than 
thirty years; provided, however, that whenever application is made for 
any grant of franchise, lease, right or privilege in or to the streets and 
public thoroughfares of the City of Houston by any person or corpora- 
tion, if they so request, the Council shall submit the same at an election 
called for said purpose, the expense of which shall be borne by the ap- 
plicant for said franchise, and at said election, if the majority of the 
votes cast by the legally qualified voters shall be in favor of making said 
grant as applied for, said grant may be made for such a term of years 
as is specified in the ordinance submitting the same at said election; 
provided, however, that no grant shall be made or authorized for a longer 
period than fifty years. 


The City Council may also, upon its own motion, submit all applica- 
tions or ordinances requesting the granting of franchises or special 
privileges in or to the streets, public thoroughfares and highways of the 
City of Houston, to an election, at which the people shali vote upon the 
propositions therein submitted; the expense of which election shall be 
paid by the applicant, or applicants, therefor. No such franchise shall 
ever be granted until it has been read in full at three regular meetings 
of the Council, nor shall any such franchise, grant, right or easement 
ever be made to any private individual, corporation or association, unless 
it provides for adequate compensation or consideration therefor, to be 
paid to the City of Houston, and in addition to any other form of com- 
pensation, grantee shall pay annually such a fixed charge as may be pre- 
scribed in the franchise. Such grant under and any contract in pursu- 
ance thereof shall provide that upon the termination of the grant, the 
grant, as well as the property, if any, of the grantee, in the streets, 
avenues and other public places, shall thereupon, without other or fur- 
ther compensation to the grantee, or upon the payment of a fair valua- 
tion therefor (the mode -of ascertaining which shall be determined in 
the grant), be and become the property of the City of Houston, and the 
grantee shall never be entitled’ to any payment or valuation because of 
any value derived from the franchise or the fact that it is or may be a 
going concern, duly installed and operated. 


Every such grant shall make adequate provision by way of forfeiture 
of the grant, or otherwise, to secure efficiency of public service at rea- 
sonable rates, and to maintain the property in good order throughout the 
life of the grant. 


24 Charter of the 


The City Council may also inspect and examine, or cause to be in- 
spected and examined at all reasonable hours, any books of account of 
such grantee, which books of account shall be kept and such reports 
made in accordance with the forms and methods prescribed by the City 
Council, which, as far as practicable, shall be uniform for all such 
grantees. 


Sec. 18. ‘Referendum—Whenever application is made to the City 
Council of the City of Houston for any such grant or franchise, lease or 
right to use the streets, public highways, thoroughfares or public prop- 
erty of the City of Houston, as is provided for in the preceding section 
of this act, or whenever an ordinance is introduced in the City Council 
proposing to make the grant .of any franchise, lease or right to use the 
public highways, streets, thoroughfares and public property of the City 
of Houston, publication of said ordinance of such proposed grant or 
right to use the streets, public thoroughfares and highways of said city 
shall be made by publishing the ordinance as finally proposed to be- 
passed, which shall not thereafter be changed, unless again republished, 
setting forth in detail all the rights, powers and privileges granted or 
* proposed to be granted, in some daily newspaper published in the City 
of Houston, once a week for three consecutive weeks, which publication 
shall be made at the expense of the applicant or the person or persons. 
desiring said grant, and no such grant shall be made, or ordinance passed, 
until after publication in the manner aforesaid, nor shall any such ordi- 
nance confirming or making any such grant, lease or right to use the 
streets, public highways and thoroughfares of the City of Houston take 
effect or become a law or contract, or vest any right in the applicants 
therefor, until after the expiration of thirty days after said ordinance 
has been duly passed by the City Council and been approved by the 
Mayor. 


Pending the passage of any such ordinance or during the time inter- 
vening between its final passage and approval by the Mayor, and the 
expiration of the thirty days before which time it shall not take effect, 
it is hereby made the duty of the City Council to order an election, if 
requested so to do by written petition signed by at least five hundred 
legally qualified voters of said city, at which election the legally qualified 
voters of said city shall vote for or against the proposed grant as set 
forth in detail by the ordinance conferring the rights and privileges upon 
the applicants therefor, which said ordinance shall be published at length 
and in full in the call for said election made by the Mayor, and if at 
said election the majority of the votes cast shall be for said ordinance 
and the making of said proposed grant, the same shall thereupon be- 
come effective; but if a majority of the votes cast at said election so 
held shall be against the passage of said ordinance and the making of 
said grant, said ordinance shall not pass, nor shall it confer any rights, 
powers or privileges of any kind whatever upon the applicants therefor, 
and it shall be the duty of the City Council, after canvassing the vote 
of said election, to pass an ordinance repealing the ordinance which has 
been by it passed, if the same has been passed. 


No grant of franchise, or lease or right of user, in, upon, along, through, 
under or over the public streets, highways or public thoroughfares of 
the City of Houston shall be made or given, nor shall any rights of any 
kind whatever be conferred upon any person, private corporation, indi- 
vidual or association of any kind whatever, except the same be made by 


City of Houston 25 


ordinance duly passed by the City Council, nor shall any extension or 
enlargement of any rights or powers previously granted to any corpora- 
tion, person or association of persons, in, upon, along, through, under 
or over the streets of the City of Houston be made, except in the manner 
and subject to all of the conditions herein provided for in this act for 
the making of original grants and franchises; provided, however, that 
the provisions of this section shall not apply to the granting of side- 
track or switch privileges to railway companies for the purpose of 
reaching, and affording railway connection and switch privileges to the 
owners or users of any industrial plants; it being the intention to permit 
the City Council to grant such rights or privileges to railway companies 
whenever in their judgment the same is expedient, necessary or ad- 
visable. : 


Sec. 19. Contracts for Services—No contract shall ever be made which 
binds the city to pay for personal services to be rendered for any stated 
period of time; but all contracts involving a personal service shall be 
restricted to the doing of some particular act or thing, and upon its 
completion no further liability shall exist on the part of the city. 


Nor shall the City of Houston or any one acting for it make any con- 
tract for supplies for the current use of any department of the munici- 
pality for a longer period than ninety days, and so far as practicable, 
all supplies purchased for the use of any or all of the departments of 
said city shall be made or let upon competing prices therefor. 


No contract shall be entered into until after an appropriation has been 
made therefor, nor in excess of the amount appropriated, and all con- 
tracts, whenever practicable, shall be made upon specifications, and no 
contract shall be binding upon the city unless it has’ been signed by the 
Mayor and countersigned by the Controller, and the expense thereof 
charged to the proper appropriation, and whenever the contract charged 
to any appropriation equals the amount of said appropriation, no further 
contracts shall be countersigned by the Controller. 


All contracts, of whatever character, pertaining to public improvement, 
or the maintenance of public property of said city, involving an outlay 
of as much as one thousand dollars ($1,000.00) shall be based upon speci- 
fications to be prepared and submitted to and approved by the Mayor 
and City Council, and after approval by the Mayor and City Council, 
advertisement for the proposed work, or matters embraced in said pro- 
posed contract, shall be made, inviting competitive bids for the work 
proposed to be done; which said advertisement shall be put in a daily 
newspaper not less than ten times. All bids submitted shall be sealed, 
shall be opened by the Mayor in the presence of a majority of the alder- 
men, and shall remain on file in the Mayor’s office and be opened to 
public inspection for at least forty-eight hours before any award of said 
work is made to any competitive bidder. The Council shall determine 
the most advantageous bid for the city, and shall enter into contract 
with the party submitting the lowest secure bid, but shall always, in 
every advertisement of public work or contract involving as much as 
one thousand dollars ($1,000.00), reserve the right to reject any and all 
bids. Pending the advertisement of the work or contract proposed, 
specifications therefor shall be on file in the office of the Mayor, sub- 
ject to the inspection of all parties desiring to bid. 


Sec. 19a. Certificate of Controller Prerequisite to Ordinance, Etc., Ap- 
propriating Money—No contract, agreement or other obligation involving 


26 Charter of the 


> Fe 3 i) 


the expenditure of money in excess of one thousand dollars shall be or- 
dered, authorized, entered into or executed by any officer of the city 
unless same be by authority of ordinance, nor shall any ordinance, res- 
olution or order for the appropriation of money, or for the making of any 
contract, agreement or other obligation requiring the expenditure of 
money, be passed by the Council unless the Controller first certify to 
the Council that the money required for such contract, agreement, ob- 
ligation or expenditure is in the treasury and not appropriated for any 
other purpose, or that the funds will be received into the treasury and 
be available before the maturity of said obligation, and that the said 
funds anticipated have not been already appropriated for any other 
purpose, which certificate shall be filed and immediately recorded. 


If moneys be not actually ‘in the treasury to the credit of the fund 
from which it is to be drawn, but will be received into the treasury be- 
fore the maturity of the obligation, the Controller shall not certify that 
the funds will be available unless the moneys are to be derived from law-. 
fully authorized bonds sold and in process of delivery or that the funds 
are anticipated to be derived from current or general revenues, such as 
from taxes or assessments, or from sales of services, products or by- 
products, or from any undertakings, fee charges, accounts and bills re- 
ceivable, or from other items in process of collection, and will be avail- 
able before maturity of the obligation; and he shall show from what 
source the funds will be derived, and if the amount anticipated is to.come 
from the general revenues of the city, he shall certify further that the 
amount, including the aggregate of amounts previously specified or 
anticipated, either by budget or appropriation, will not exceed the reve- 
nues levied or assessed for the fiscal year. . 

Any sum certified by the Controller shall not thereafter be consid- 
ered aS unappropriated .or subject to reappropriation until the city is 
discharged from the contract, agreement or obligation. (Added by 
amendment, 1913.) 


ARTICLE Ill. 


Section 1. Taxation—The City Council shall have power, and it is 
hereby authorized to levy annually for general purposes and for the 
purpose of paying the interest and providing the sinking fund on the 
outstanding bonded indebtedness of the City of Houston, and for pay- 
ing the interest and making provision for the sinking fund on such 
future bond issues as may be authorized an ad valorem tax on all real, 
personal and mixed property within the territorial limits of said city, 
and upon all franchises granted by the city to any individuals or cor- 
porations, of not exceeding a total tax of two dollars on the one hundred 
dollars appraised valuation of said property, except that an additional 
tax of not exceeding twenty-five cents on the one hundred dollars valu- 
ation may be levied on property in improvement districts for sidewalk 
improvements, if authorized as hereinafter provided in Section 16, Ar- 
ticle IX; provided, however, that public property used for public pur- 
poses; actual places of religious worship; places of burial not held for 
private or corporate profit; all buildings used exclusively and owned by 
persons or associations of persons for school purposes (and the necessary 
furniture of all schools) and institutions of purely public charity, are 
hereby declared to be exempt from taxation; and provided further, that 
two hundred and fifty dollars ($250.00) worth of household and kitchen 


City of Houston | an 


furniture belonging to each family in said city shall likewise be exempt 
from taxation. 


The City Council may also continue annually to levy and provide 
separately or jointly in the tax levying ordinance, for the assessment 
and collection of so much of the special tax provided by ordinance 
passed by the City Council of said city on the second day of June, A. D. 
1888, as may be necessary to pay the interest on and create a sinking 
fund of not less than two per cent. of the indebtedness mentioned in 
said ordinance, but the gross total of all the taxes levied for all pur- 
poses by said City Council for any one year shall not exceed two per 
cent of the appraised valuation of all property, real, personal and mixed, 
in said city; provided, however, that the Council may levy a special tax 
in any improvement district, if any, and shall if authorized, of not ex- 
ceeding twenty-five cents on the one hundred dollars valuation for 
sidewalk improvements. 


And if for any cause the City Council shall fail or neglect to pass a 
tax ordinance for any one year, levying taxes for that year, then, in 
that event, the tax levying ordinance last passed shall and will be 
considered in force and effect as the tax levying ordinance for the year 
for which the City Council failed to pass a tax levying ordinance, and 
the failure so to pass such ordinance for any one year shall in no wise 
invalidate the collection of the tax for that year. 


The City Council may also determine and provide when taxes shall 
be due and payable by corporations or individual corporators, and all 
persons owning property, and prescribe penalties for the non-payment 
of taxes upon the expiration of the time fixed by tDe City Council de- 
claring when the same shall be paid. 


The City of Houston shall not for the year 1914, nor for any year 
thereafter, levy, assess or collect a poll tax from any citizen of the City 
of Houston, and all provisions of the City Charter in conflict herewith 
are hereby expressly repealed. (Added by amendment, 1913.) 


The City Council may also levy, assess and collect from each male citizen 
of the city, over the age of twenty-one and under the'age of sixty years, an 
annual poll tax of one dollar ($1.00); provided, however, that all persons ex- 
empt from the payment of the State poll tax under the general laws of the 
State, or by virtue of the Constitution, shall be exempt from the payment of 
the city poll tax. (Amended; see next preceding section.) 

Sec. 2. All real, personal and mixed property held, owned or situated 
in the City of Houston shall be liable for all taxes due by the owners" 
thereof, including taxes on real estate, franchises, personal and mixed 


property and poll taxes. 


All personal property may be levied upon, seized and sold by the 
Assessor and Collector of Taxes, or such other officer as may be desig- 
nated by the City Council, for any taxes that may be due by the owner 
thereof, without further warrant of authority than the production of 
his tax roll, which sale when made shall convey a prima facie title to 
the purchaser thereof; or the amount of the tax due by any person 
upon: any species of property may be sued for in any court having jur- 
isdiction, and a personal judgment may be recovered against any de- 
linquent taxpayer or against any person to whom personal property on 
which the city tax is due has been sold, or who owns, holds or claims 
possession of said personal property. 


Sec. 3. The tax levied by the city is hereby declared to be a lien, 
charge and encumbrance on the property for which the. tax is due, 


‘ 


28 Charter of the 


which lien, charge and encumbrance the city is entitled to enforce and 
foreclose in any court having jurisdiction over the same, and the lien, 
charge and encumbrance ‘on the property in favor of the city for the 
amount of the taxes due on such property is such as to give the State 
courts jurisdiction to enforce and foreclose said lien on the property 
on which the tax is due, not only as against any resident of this State, 
or person whose residence is unknown, but also against the unknown 
heirs of any person who owns the property on which the tax is due, 
and against non-residents. 


All taxes upon real estate shall especially be a lien and a charge 
upon the property upon which the taxes are due, which lien may be fore- 
closed and the tax collected by suit in any court having jurisdiction. 


Sec. 4. It shall be the duty of every person owning or holding prop- 
erty in the City of Houston to render under oath to the Assessor and 
Collector of Taxes, or such other officer as may be provided for by 
ordinance, at his office in said city annually, within the time pre- 
scribed by the ordinances of said city, a full and complete inventory 
of all property so owned or held by him, whether real, personal or 
mixed, and to take and subscribe to an oath to the correctness of 
such inventory, which oath may be administered by the Assessor and 
Collector, or such other officer as aforesaid, acting in person or by deputy. 
All property, real, personal or mixed, except such as is herein expressly 
- exempted, is subject to taxation, and the same shall be rendered and 
listed in the manner prescribed by the general laws of the State in 
regard to general taxation when applicable, unless provision is other- 
wise specially made therefor herein. 


The definition of property and terms as defined by the general laws 
of the State under the head of taxation shall apply to the taxation of 
this city, and all property subject to taxation as prescribed by the 
general laws of this State, except as herein specially. exempted, shall 
be subject to taxation by the City of Houston. 


Sec. 5. The City Council shall have full power to, and may by ordi- 
nance, provide for the prompt collection of all taxes levied, assessed 
and due, or becoming due to said city, and to prescribe where prop- 
erty shall be assessed or rendered for taxes, and when the taxes thereon 
shall become due and payable, and to that end may and shall make 
such provisions as are necessary covering the levying, laying, imposing, 
assessing and collecting of any of said taxes, and to regulate the method 
and manner of making out tax lists and inventories, and the appraise- 
ment of property thereon, and to prescribe an oath that shall be admin- 
istered to each person on such rendition of the property, and to fix the 
duties and define the power of the Assessor and Collector of Taxes, or 


such other officer or person as may be designated therefor by the City 
Council. 


All taxes shall be payable at the office of the Assessor and Collector, 
or such other officer as the City Council may prescribe, and no demand 
for payment thereof shall be requisite or necessary to enforce the col- 
lection thereof by any of the proceedings herein prescribed, nor for the 
collection of any taxes due before the passage of this act. 


All property which the owner thereof may fail or refuse to inventory, 
render and assess, or which the owner thereof may have failed or 
refused to inventory, assess and render for years prior to the passage 


City of Houston ae 


* 


of this act, shall be by the Assessor and Collector of Taxes, or such 
other officer designated by the City Council, inventoried, assessed and 
rendered for taxes for the year or years for which the same was not 
so rendered, inventoried or assessed by the owner thereof, and the 
Assessor and Collector, or such other officer designated by the City 
Council, shall have the right, and it shall be his duty at any time to 
revise, correct and reassess, and properly describe any property in- 
correctly rendered or assessed, or imperfectly described, for any year, 
without the necessity of giving notice to the owner thereof; provided, 
however, that the valuation as fixed by the Board of Appraisers shall 
not be changed, and such inventory and assessment when revised or 
corrected so made shall be as valid and effective as if on the assess- 
ment sheets or tax rolls, and as if regularly and duly rendered and 
assessed by the owner thereof for the year for which rendered, assessed 
and inventoried as above provided by the Assessor and Collector of Taxes, 
or such other officer as may be designated by the City Council, and 
said tax rolls and assessment sheets shall be prima facie evidence 
that said property was regularly and duly rendered, inventoried and 
assessed and properly described in all respects as if done duly and 
regularly by the owner in the first instance; provided, however, that if 
such assessment sheets or tax rolls are vague or indefinite, the City 
of Houston may show by evidence other than the assessment rolls 
and tax rolls where the property is located, and on what property the 
tax is due; who owns the property, and that the taxes on the same are 
due and unpaid, and shall enforce and foreclose the tax lien on such 
property, as herein provided. 


Sec. 6. That all ad valorem taxes due or becoming due upon real, 
personal and mixed property, and upon franchises granted by the City 
of Houston to individuals or corporations, and all license taxes and 
occupation taxes, and all fines, forfeitures, penalties and other dues 
or taxes accruing to the City of Houston shall be collectible and pay- 
able only in current money or current funds of the United States. 


Sec. 7. That the City Council shall have the power to assess, license 
and tax hawkers, peddlers, auctioneers, theatrical and other exhibi- 
tions, shows and amusements, circuses, billiard tables, nine and ten pin 
alleys, alleys with any number of pins, public drays, wagons, omnibuses, 
carriages and automobiles, grog shops and dram shops, beer saloons, 
whether for the sale of domestic intoxicants or otherwise, and such 
other trades or occupatious not specifically mentioned herein, as are; 
or may be, taxed or licensed by the laws of this State, but no assess- 
ment or license tax levied under this section shall exceed one-half of 
the amount levied by the State for the same period on such trade, 
profession ‘or occupation, and the same may be regulated, levied and 
collected in the same manner as said taxes are regulated and collected 
by the State of Texas. 


That all license taxes or occupation taxes shall be paid to the As- 
sessor and Collector of Taxes, or other officer designated therefor by 
the City Council by each and every person or firm engaging in any 
trade, profession, business, calling, avocation or occupation, before 
engaging therein, and shall take his receipt therefor, which receipt 
shall be esteemed lawful license for the pursuit of the occupation in- 
dicated, and if any person shall engage in any business, calling, avo- 
cation or occupation, trade or profession, which by ordinance of said 


30 ~ Charter of the 


—; 


city is subject to a license or occupation tax, without first having ob- 
tained said license or occupation tax, he, she or they shall be liable 
to arrest, imprisonment and a fine to be fixed by ordinance for each 
and every day such violation of said ordinance may continue, and each 
day shall constitute a separate offense, and this section shall apply to 
all persons owing license and failing to pay the same, and the City 
Council may make such further regulations as it deems necessary to 
enforce this provision and punish persons violating the same. 


Sec. 8. All taxes due by property owners on any and all property 
for the year 1875, up to and including the year 1904, and for all years 
intervening, and for all years thereafter, until otherwise provided by 
charter, as appears upon the tax rolls of said city, may be collected by 
suit from delinquents and foreclosure of the lien thereon may be had 
in any court having jurisdiction of the same, and any person who shall 
purchase or shall have purchased -property encumbered with a lien 
for taxes, or upon which taxes are due, shall be deemed as to such 
taxes a delinquent taxpayer, and such purchaser takes the property 
charged with the lien, and he can not interpose any defense which his 
vendor might not have interposed had he continued to be the owner, 
except that no personal judgment shall be rendered for same against 
said purchaser; provided, however, that any delinquent taxpayer shall 
have the right to plead in any court and to rely as a defense upon the 
statute of limitation of four years in any suit brought for taxes alleged 
to be due the City of Houston, and in no case wherein such limita- 
tion is plead and the taxes sued for, or any part thereof, are shown to 
have been due and payable for four years or more before said suit 
was instituted, shall judgment be rendered for such taxes so shown 
to have been due for more than four years; provided further, how- 
ever, that the defense of limitation shall not apply to any suit which 
may within one year after the passage of this act be instituted by the 
City of Houston for the collection of any taxes due for any year from 
1875 up to and including the year 1901, nor shall it apply in any case 
wherein the sale of any property delinquent for taxes has been made 
under. the provisions of this act, nor if such sales shall be made within 
one year after this act takes effect. 

It shall be the duty of the City of Houston, within one year after 
this act goes into effect, to cause suit to be filed for the collection of 
all back taxes which have accrued to said city and are due and un- 
paid for the year 1875, and for each and every year, or any and all 
years intervening, up to and inclusive of the year 1901, and after the 
expiration of one year from the time this Charter goes into effect no 
suit shall be instituted, nor shall any sale of property be made by the 
City of Houston or its officers for any taxes which have become due 
and payable for more than four years prior to the filing of said suit, or 
the sale of said property by the proper officer of said city as pro- 
vided for in this article. And it shall be the duty of the City Council 
to pass an ordinance imposing a fine of two hundred dollars upon such 
person as is or may be employed by said Council to collect said taxes, 
who fails to use due diligence in the collection of all such taxes, and 
such persons so failing to do so, shall at once be discharged from the 
service of the city, and each and every failure shall be a separate offense 
and subject the person to such fine for each failure or separate offense. 

The City of Houston is hereby expressly authorized to, and, has 
the right to maintain a suit to recover a personal judgment for the 


City of Houston sah 


amount of any tax due it, accruing from any species of property taxed 
by it, as well as for li¢ense and occupation taxes, and the tax may be 
collected by sale of the particular property on which it is assessed, 
by enforcing the lien or by the sale of all or other property under a 
judgment of court, or by seizure and sale of personal property; pro- 
vided, that when any action is instituted against any person to re- 
cover taxes due the city, all the taxes due by such person or persons 
upon any piece, lot or parcel of property, real or personal, shall be 
embraced in one suit, whenever the same is legal and practical, and 
when the same can be done and is not done subsequent to the pas- 
sage of this act, all taxes for years antecedent to those for which the 
taxes are alleged to be due shall be conclusively presumed to have been 
paid. And where two or more actions are brought subsequent to the 
passage of this act, and all the taxes due might legally be or have been 
-embraced in one action, the court shall, on motion of the defendant, or 
of its own motion, consolidate said actions, and when same is done the 
costs shall be paid as in only one action. 


In suits for taxes, the proper persons shall be made parties defend- 
ant in such suits, shall be served with process and other proceedings 
had therein, as: provided by law for suits of like character in the 
District Courts of this State; and in case of foreclosure, an order of 
sale shall issue and the land be sold thereunder, as in other cases 
of foreclosure, which order of sale shall have all the force and effect 
of a writ of possession between the parties to the suit and any person 
claiming under the defendant by any right acquired after the filing of 
the suit; and the Sheriff-or other officer executing such order of sale 
shall proceed by virtue of the same to place the purchaser of the 
property sold under such order of sale in possession thereof within 
twenty days, as provided by the general laws of Texas, after date of 
sale, but not before, and such order of sale may direct that the Sheriff 
or other officer executing such order of sale shall sell the property, 
either each piece separately, as under execution, or in. gross, as the 
city, through its attorney, may direct; or if the defendant or his attor- 
ney shall, at any time before the sale, file with the Sheriff or any other 
officer in whose hands any such order of sale shall be placed, a written 
request that the property described therein shall be divided and sold 
in less tract than the whole, together with the description of said 
subdivisions, then such officer shall sell the land in said subdivisions, 
as the defendant may request, and in such case shall only sell as 
many subdivisions as will satisfy the judgment, the court costs, and 
all other costs hereinafter specified. 


In all cases in which lands have been sold for default in the pay-. 
ment of the taxes, it shall be lawful for the Sheriff or other officer 
selling the same, or any of his successors in office, to make a deed 
or deeds to the purchaser, or to any person to whom the purchaser 
may direct the deed to be made, and such deed shall be held in all 
courts of law or equity in the State to vest a good and perfect title in 
the purchaser thereof. 


The City Attorney or other officer designated therefor by the City 
Council shall represent the city in all suits against delinquent tax- 
payers, and in any and all suits by the City of Houston for the collec- 
tion of the taxes due it there shall be charged in the cost bill in said 
case when judgment is rendered for the city, five per cent. upon the 
amount of the judgment so rendered in said cause, which amount shall 


B2 Charter of the 


be taxed as cost against the property upon which the tax is due and 
unpaid to the city, and in no case after suit has been filed shall a 
receipt for taxes be given on the property in suit until after the pay- 
ment of five per cent. attorney’s fees as above provided, the cost of the 
City Assessor and Collector, or such other officer as herein stated, and 
all court costs. 


When judgment has been taken for taxes due on the property in 
suit, the five per cent. attorney’s fees and other costs above named 
shall be taxed as costs against the property to be sold under judg- 
ment for taxes, and paid out of the proceeds of the sale of the same, 
together with the taxes and interest due thereon to the city, and the 
five per cent. taxed as attorney’s fees shall be paid: to the City. 


Sec. 9. For the taxes due on any property for any and all years, 
for and including the year 1875, up to and including the year 1904, 
and for all years intervening, and for all years after the year 1904, 
until otherwise provided by charter, either the tax rolls or a state- 
ment of the taxes due on any property made from said rolls certified - 
to and signed by the City Assessor and Collector of Taxes of the City 
of Houston, or such other officer or employee as the City Council may 
designate, shall be prima facie evidence that the tax on the property 
is due; that the facts stated therein are true, and that all the pre- 
requisites required by law pertaining to the levying and assessing of 
taxes and the rendition of the property therefor on which the suit is 
brought for the taxes due have been complied with. 


In addition to the tax rolls and the certified statement from the 
said tax rolls being prima facie evidence, as above stipulated, the deed 
or deeds executed by the Assessor and Collector of Taxes and made 
by him during the years 1890, 1891, 1892, 1893 and 1894, showing the 
sales made by him for said years of the property upon which the taxes 
are due, in accordance with the provisions of the Charter of the City of 
Houston in force during the last named years, shall also be prima facie 
evidence that the tax on the property is due and unpaid; that the facts 
stated in said deed are true, and that all of the prerequisites and re- 
quirements of the law were and have been complied with. 


Sec. 10. All taxes for any current year, except occupation tax and 
license tax, are hereby declared to become due and payable on the 
first day of each and every current year, and if not paid by the thirty- 
first day of December following, a penalty of ten per cent. upon amount 
of the tax due shall be added and paid, and interest shall be charged 
upon the gross amount of the tax and penalty due until paid, at the 
rate of six per cent. per annum, and in no case shall the City Council 
or any member of the City Council, or any other officer of the city 
extend the time for the payment of the taxes, nor shall any officer of 
the city remit, discount, or compromise any ‘tax legally due the city, 
nor shall any. person be elected Mayor or Alderman of the City of 
Houston or hold any position, office or employment thereunder who is 
in arrears, or due and owing to the City of Houston any sum of money 
for taxes or otherwise. . 


Sec. 11. The provision for suit to foreclose the tax lien herein cre- 
ated is but auxiliary to and cumulative of the city’s right to sell 
property delinquent for taxes without suit, as is hereafter provided. 
After said tax statements have been made out by the Assessor and 


City of Houston ° 33 


Collector, or other officer designated therefor by the City Council, and 
after publication thereof as is herein specified in this article, it shall 
be the duty of the Assessor and Collector of Taxes of the City of 
Houston, or such other officer as may be provided for by ordinance, 
to give notice by publication made in a newspaper published in the 
City of Houston and having a general circulation therein, which pub- 
lication shall be made at least once a week for three consecutive 
weeks immediately preceding the sale, that he will sell at public out- 
cry in the City of Houston at such place as is designated in said notice 
each and every piece of property delinquent to the City of Houston 
for taxes at the time of said sale. Said property shall be sold by sep- 
arate sales or tracts to the highest bidder at said sale, but the right 
is hereby reserved to the City Council to confirm or refuse to con- 
firm said sales which shall be reported to it within three days there- 
after, and if said sales so made are not confirmed by the City Council, 
the money so paid to the Assessor and Collector shall be by him re- 
funded to the purchaser at said sale. Said sales may continue from 
day to day until all of the property so delinquent for taxes shall have: 
been sold. The said Tax Assessor and Collector, or such other officer 
as may be designated by the City Council, shall, after said sale is made, 
make a deed to the purchaser thereof, if sale is confirmed by the City 
Council, and in such deed he shall recite the fact of the delinquency of 
the tax, the amount of the tax due, the year or years for which due, 
the property against which the tax is assessed, the fact of the publica- 
tion of the delinquent tax roll as is herein set out, the fact of the pub- 
lication of the notice of sale, the amount bid, and the name of the pur- 
chaser. Such deed shall constitute a prima facie title to the property 
therein described, and said deed shall be prima facie evidence of the 
truth of all things therein recited, and the holder of said deed shall be 
considered the holder of a prima facie legal titie to said land against 
all persons whomsoever, and such deeds, when so executed for property 
sold as specified at said sales, shall pass to the purchaser all of the 
interest and title of the owner thereof, subject to redemption at any 
time within two years from the date of said sale, upon payment by the 
owner of the property so sold to the purchaser thereof, of double the 
amount of taxes, penalties and costs due on said property; provided, 
that should such sale be for any reason held invalid, the purchaser 
thereof shall nevertheless have a good and valid lien upon the property 
so sold for the amount of the taxes due thereon, and such purchaser 
shall be subrogated to all of the rights of the City of Houston, and 
shall have the right to foreclose such lien in any court of competent. 
jurisdiction within four years from the date of such sale. 


The City of Houston may bid at such sales, and may become the 
purchaser of any property sold thereat to the extent of the amount. 
of the taxes, interest, penalties and costs due on any particular piece 
of property, and the city shall further have the right, if said deed 
shall for any reason be held invalid, to maintain a suit to foreclose its 
tax lien on said property for the amount of taxes due thereon, at 
any time. 


A failure on the part of the City Assessor and Collector of Taxes, 
or such other officer or employee as may be designated by the City 
Council to prepare the delinquent tax roll, or to publish it for the re- 
quired length of time, or to furnish tax statements to the City At- 
torney, or a failure on the part of the city to file suits within the 


a4 ‘ Charter of the 


proper time for the collection of taxes due, shall in no wise,affect the 
liability of the delinquent taxpayer, nor shall it release the property 
upon which the tax is due from the operation of the lien, charge or 
incumbrance herein created, nor shall such failure of any officer or 
employee of the city in any manner or matter be relied on by way of 
defense, or be a defense against the payment or the enforcement of the 
payment by suit or otherwise of the taxes due the city. 

In cases where the State has instituted suit for taxes and where 
taxes are due the city on the same property for the same or other 
years, the city may have the right to intervene in said suit and have 
judgment for its taxes, to foreclose its lien for said taxes, and in cases 
where the city has first instituted suit for taxes, the State may have 
the same right to intervene with foreclosure of its lien. 


Sec. 12. Immediately after the first day of January in every year, 
it shall be the duty of the Assessor and Collector of Taxes, or such 
other officer or employee as may be designated by the City Council, to 
prepare a roll containing a description of all property described in 
the assessment rolls of the year just preceded, that is to say, the year 
ending on the thirty-first day of December preceding on which the 
taxes have not been paid. Said roll shall be called the DELINQUENT 
ROLL, and shall consist of so much of the said roll as will identify 
the property and show the amount of the tax due on the same. During 
the time that the City Assessor and Collector, or such other officer or 
employee of the city as may be designated by the City Council, shail 
be preparing and shall prepare the delinquent roll above described, 
he shall prepare separate statements of tax accounts due the city, to 
be furnished the City Attorney or other officer designated by the City 
Council, which statements shall contain a description of the property, 
the year for which the tax is due, the amount of the tax due, the rate 
of taxation, and the person or persons, estate, firm or corporation who 
assesses the same, and whether the property is rendered or unrendered, 
or Owner unknown, as appears on the tax roll, which statement the City 
Assessor and Collector, or such other officer or employee as may be 
designated by the City Council, shall certify to be correct, and which 
shall be prima facie evidence of the statement made therein, and that 
all the prerequisites and requirements of the law as to levying taxes 
and assessing and rendering property therefor, and as to all matters 
have been complied with, and the city shall be entitled to one dollar 
on each statement so made, which shall be taxed against the delinquent 
taxpayer of the property and against the property on which the tax is 
due, and in case of suit, to be taxed as a charge against the property, 
and the Assessor and Collector of Taxes, or other officer designated by 
the City Council, shall not issue any receipts to any delinquent tax- 
payer until said one dollar has been paid, except upon express written 
authorization in each individual instance by the City Council; provided, 
that when separate tracts of land and different kinds of property are 
assessed by the same person, firm, estate or corporation, that they shall 
be contained in the same statement. Said delinquent roll shall be 
finished and said statement furnished by the Assessor and Collector, or 
other officer, not later than the last day of February of each year. 

Said delinquent roll shall be published during the month of March 
following, or as soon thereafter as practicable, once a week for four 
consecutive weeks, in some newspaper published in the City of Hous- 
ton, and the Assessor and Collector, or other officer or employee des- 


City of Houston | BD 


ignated by the City Council, shall also be entitled to charge two dol- 
lars for advertising each tract of land separately assessed, which shall 
be taxed as a charge against the property on which the tax is due, 
and paid into the treasury of the City of Houston, and the Assessor 
and Collector, or such other officer or employee as may be designated 
by, the City Council, shall not issue any receipt to any delinquent 
taxpayer until the cost of advertising has been paid, unless upon the 
express authorization to do so by the City Council, which authoriza- 
tion shall be made in writing in each individual instance, and a failure 
to comply with these provisions by the Assessor and Collector of Taxes, 
or such other officer or employee as may be designated by the City 
Council, shall be deemed a malfeasance in office, and such officer shall 
be removed. 


It shall be the duty of the Assessor and Collector of Taxes, or 
other officer or employee as may be designated by the City Council, 
whenever written request is filed with him by the owner or agent 
of any particular piece of property for a statement of all taxes due 
on said piece of property to give to said person a written statement 
of all taxes due thereon for each and every year from and after the 
year 1875 up to and including the year for which the taxes are last 
due, and any person who pays the taxes due on said property upon 
the statement so rendered, if duly certified to by the Assessor and Col- 
lector as being all the taxes due thereon, shall not thereafter be required 
to pay, but shall be relieved from payment of any taxes due or claimed 
to be due on said property for any years prior to the time of filing said 
written request for a full statement of all the taxes due on said property. 


Sec. 13. The City Council may by resolution provide for advance 
payment, and may allow interest upon advance payment of taxes, at 
a rate not to exceed six per cent. per annum for the time intervening 
between the time of such payment and the time of the last payment, 
without interest or penalties, namely, the thirty-first day of Decem- 
ber of each year; provided, that no such resolution shall’ be passed, 
nor such interest allowed, except for the purpose of raising money 
to meet the current expenses of the city for legitimate purposes. Such 
resolution shall state the amount of money sought to be raised by this 
means, and when said amount has been received, the Assessor and 
Collector, or such other officer or-employee designated by the City 
Council, shall immediately notify the Mayor and City Council that the 
amount called for in the resolution has been received, and no one shall 
by authorization of the City Council, nor shall the City Council, pay 
interest on moneys subsequently paid in for taxes for that year. In re- 
ceiving moneys for taxes in ‘advance, under the resolution herein pro- 
vided for, the Assessor and Collector, or other officer or employe des- 
ignated by the City Council, shall allow the taxpayer to retain out of 
such payment the amount of the interest allowed thereon, and shall 
give his receipt for the whole amount, showing what amount is actually 
paid in and what sum is allowed as interest on such payment. 


Sec. 14. Any and all descriptions of real estate, blocks, outlots, lots, 
or any parts or fractions thereof, and of all personal property, and any 
and all dates, years, valuations, taxations, numbers, . quantities. or 
amounts contained in any assessment roll or sheet, land tax book, per- 
sonal tax book, or descriptions contained in any book or roll for the pur- 
poses of assessing property, shall be sufficient and valid when made or 


36 “Charter of the 


stated in whole or part, in abbreviations or contractions of words, let- 
ters, characters or figures; and when so made or stated shall be deemed 
and held to be fully and fairly made and stated as though the same had 
been written out in full. No error or irregularity in any assessment roll, 
tax book, or other document relating to the levy, assessment, equali- 
zation or collection of the taxes of the city shall in any manner affect 
or impair the validity of any tax, or affect the proceedings for the col- 
lection thereof; but every such assessment shall be liberally construed 
to effect the purposes and objects of this article in determining the 
validity thereof. 


Sec. 15. Board of Appraisement—There shall be a Board of Appraise- 

ment in said city, which shall be composed of two Aldermen and the 
Assessor and Collector of Taxes, or such officer or employee designated 
by the City Council to perform the duties of-an Assessor and Collector 
of Taxes. 
The two aldermanic members of said board shall be appointed by 
the Mayor not later. ‘han the first day of May of each year, and said 
board shall as soon ar possible after the completion of all or any one of 
the assessment rolls Sy the Assessor and Collector, or other person 
designated therefor bz the City Council, meet and carefully examine 
said roll or rolls, and properly and equitably adjust and equalize the 
taxable values thereon thus continuing until they have adjusted and 
equalized the valuation on all property on said rolls, under such regu- 
lations aS may be prescribed by the City Council by ordinance, and 
after the completion of said work said board shall make due report of its 
action to the City Council. 


Said board, constituted as herein provided, shall continue for a period 
of one year, and shall be a standing committee to which all matters 
relative to taxes shall be referred. The members of said board shall 
not receive any further compensation or extra compensation by reason 
of their services as members of said Board of Appraisement, nor as 
members of said standing Committee on Taxes. 


In case of dissatisfaction with the decision of said Board of Ap- 
praisement by any taxpayer, an appeal from the decision of said Board 
of Appraisement may be had to the City Council of the City of Hous- 
ton, but such appeal must be by written petition, specifically stating 
the things complained of, and by the dissatisfied taxpayer be filed 
with the City Secretary before the expiration of thirty days after said 
board has finaJly examined and passed upon the delinquent rolls of said 
city and made Its final report to the Mayor and City Council, as herein 
provided. Th% decision of the City Council in all cases of appeal from 
the decision vf the Board of Appraisement shall be final and binding, 
and no appeal shall be allowed from the decision of the City Council. 


Said Board of Appraisement shall finish and conclude its labors within 
not less than sixty days, and in no event shall it file its final report 
with the Mayor and City Council later than the fifteenth day of June 
of each year. 


It shall be the duty of the Board of Appraisement to mail a postal 
card ta each property owner, the valuation of whose property the 
board proposes to raise or increase, notifying him to appear before 
it and show cause why said valuation should not be increased as pro- 
posed, but the failure on the part of any property owner whose prop- 
erty may be increased in value by the Board of Appraisement to receive 


City of Houston 37 


written notice of the proposed increase shall in no wise invalidate or 
affect the action of said Board of Appraisement in increasing the valu- 
ation of said property, but it shall be presumed that the notice was 
sent as provided for herein. 


ARTICLE IV. 


Section 1. Authority to Issue Bonds—The City Council shall have 
the power and authority by ordinance duly passed, if it so elects, to 
borrow money on the credit of the city for permanent improvements, 
to an amount not to exceed one hundred thousand dollars ($100,000.00) 
in any one year, and may issue bonds of the city therefor. It may also 
have the power, and is hereby expressly authorized, to issue bonds for 
the purpose of refunding bonds of the city of previous issues; provided, 
the bonds may be refunded at a lower rate of interest than the bonds 
proposed to be retired draw. 


No bonds shall be issued for any purpose except for the purpose of 
making permanent improvements, which shall not exceed one hun- 
dred thousand dollars «&$100,000.00) in any one year, and for the pur- 
pose of refunding bonds of the city of previous issues, unless an elec- 
tion ke duly ordered by the Mayor and City Council, and if at said 
election a majority of the vote polled shall be in favor of creating such 
debt, it shall be lawful for the City Council to make the issuance of 
bonds as proposed in the ordinance submitting the same at the election 
so held, but if a majority of the vote polled shall be against the creating 
of such debt it shall be unlawful for the City Council to issue the bonds. 


In all elections to determine the expenditure of money or the as- 
sumption of debt, only those shall be qualified to vote who pay taxes 
on property in said city, and are legally qualified voters in said City of 
Houston; provided that no poll tax for the payment of debts thus in- 
curred shall be levied upon the persons debarred from voting in rela- 
tion thereto. 


No bonds shall be issued drawing more than five per cent. interest 
per annum, and they shall be invalid if sold for less than par and 
accrued interest, and all bonds shall express upon their face the pur- 
pose for which they are issued. 


The ordinance authorizing any bonds to be issued shall provide for 
the creation of a sinking fund sufficient to pay the bonds at maturity, 
and make provision for the payment of the interest thereon as it ma- 
tures, and said sinking fund shall be invested in bonds of the State of 
Texas, or in the bonds issued by counties in the State of Texas, or in 
bonds of the United States, or such funds may be used for the purchase 
of the bonds of the City of Houston which are not yet due, and neither 
interest nor sinking fund shall be devoted to any other purpose what- 

soever. 


Any officer of the city who shall wilfully or knowingly divert or use 
said fund for any other purpose except that for which the fund is 
created, or herein expressly authorized to be invested, shall be deemed 
guilty of a felony, and subject to prosecution as provided under the 
general laws of the State for the diversion and conversion of funds 
belonging to any of the municipalities of said State. 


38 Charter of the 


Sec. 2. Bayou—Power is hereby given the City Council of the City of 
Houston to secure land between Houston and Harrisburg, along the 
banks of Buffalo Bayou, by purchase, condemnation or by gift, for the 
improvement of Buffalo Bayou by the United States, or by the City of 
Houston, and for this purpose it may by ordinance extend the corporate 
limits of said city from its present eastern limits eastwardly in a general 
direction with Buffalo Bayou, from bank to bank, as same is now con- 
structed or exists, or as same may be ordered constructed by the govern- 
ment engineers in charge of said work, provided that the city shall have 
no right to tax the property over which such boundaries are so extended, 
unless such property be within the line and within the limits of the 
general city boundaries or limits. 


To effect a condemnation the same proceedings shall be taken and the 
same statutes shall govern, so far as applicable, as obtain and apply to 
the condemnation of lands by railway companies under the general stat- 
utes of the State of Texas. 


Sec. 3. Fees—wWithin its corporate limits, the City of Houston shall be 
the local agent of the State government for the enforcement of the State 
laws, in all cases wherein the Corporation Court of the City of Houston 
‘has jurisdiction, and all fines or penalties imj%sed by said court, in- 
cluding all costs incident thereto, and assessed against the parties so 
fined, are by this act declared to be due and owing to, and shall be 
payable to the City of Houston, and in all cases where fees are allowed 
the officers making the arrest, or the attorneys prosecuting said causes 
in said Corporation Court, said fees shall be payable to, and shall hereby 
become due and owing to the City of Houston. 


And the City of Houston shall by ordinance prescribe that no officer or 
employee in the service of the City of Houston shall receive any fees, 
rewards or perquisites accruing from any service performed in any 
manner whatsoever, whether authorized by the general laws of the State 
or otherwise, but in addition may prescribe by ordinance that said fees, 
which may be collectible by said officers under the State law, shall 
become the property of, and shall be payable to the City of Houston, 
and a failure on the part of any officer or employee to collect said fees 
when collectible, and to pay the same over to the City of Houston, shall 
be deemed a malfeasance in office, and said officer shall be removed. 


Sec.4. Sidewalks—The City of Houston may by appropriate penal 
ordinance compel the construction and laying of sidewalks by property 
owners in front of or abutting on their land, or property, and may pre- 
scribe the character of such sidewalk, and the manner in which it shall 
be laid. Should any person or corporation owning land in the City of 
Houston fail or refuse to construct sidewalks in front of or abutting on 
their property, in accordance with the ordinance passed by the City of 
Houston, in addition to the penalty, provided for herein, the City of 
Houston shall have the right to have said sidewalk constructed in accord- 
ance with such ordinance at the expense of the abutting property owner, 
and may recover a personal judgment in any court having jurisdiction of. 
the amount, for the costs and expense in constructing said sidewalks, 
with 10 per cent. additional for attorney’s fees. The Council may also, 
by ordinance, provide that the city shall not pave with. brick, asphalt, 
stone or gravel, any street unless and until the owners of abutting prop- 
erty shall previously lay in the manner as may be prescribed by the city 
a curb and sidewalk thereon. 


City of Houston 39 


Sec. 5. Vestibule Cars—The City Council may, by ordinance, duly 
passed, require any street car company operating its lines or cars within 
or into the City of Houston, to equip its cars with vestibules of such 
pattern and style and during such period of the year, as may be pre- 
scribed by ordinance. 


The city shall also have the right and power, by ordinance duly passed, 
to require any street railway company operating its cars or lines within 
the limits of the City of Houston, to equip its cars with fenders of such 
style, design or pattern, as may be prescribed by the City Council, and to . 
run closed cars in the months of December, January and February of 
each year. 


ARTICLE !V (a). 
Street Improvements. 


Section 1. The term “improvements” as embraced in this article shall 
include the improvement of any street, avenue, alley, highway, public 
place or square or boulevard, or any portion thereof, within the city, by 
filling, grading, raising or paving or repaving the same with any perma- 
nent and durable materials, or by the construction, reconstruction or 
repair of curbs and gutters, and shall also include the laying out, opening, 
widening, narrowing, straightening or otherwise establishing, defining or 
locating any street, avenue, alley, square, public place or sidewalk. 


Sec. 2. The term “highway” wherever used in this article, shall in- 
clude any street, avenue, alley, public place, square or boulevard dedicated 
to public use, or portion thereof. 


Sec. 3. Apportionment of Cost of Street Improvements—Subject to the 
terms hereof the cost of improving any highway or portion thereof, except 
the street intersections, which cost shall always be borne by the City of 
Houston, may be paid wholly by the City of Houston, or partly by the 
city and partly by the railroad company that may occupy such street and 
the owners of property abutting thereon, or wholly by the railway thereon 
and the owners of the property abutting thereon, and a portion not less 
than two-thirds, or the whole of the said cost of constructing such im- 
provements may be assessed against said street railroads and owners and 
their property as the Council may provide; provided, that the petition or 
petitions hereinafter mentioned shall be first filed with the City Council, 
or the Council itself shall initiate and order the improvement of any high- 
way or portion thereof under the terms and conditions of this Charter. 
(As amended, 1913.) 


Sec. 3. Subject to the terms hereof the cost of improving any highway, or 
portion thereof, may be paid wholly by the city, or the cost of such improve- 
ment may be paid partly by the city and partly by the owners of property 
abutting thereon, and a portion of the said cost assessed against said owners 
and their property; provided, that the petition or petitions hereinafter men- 
tioned shall be first filed with the City Council; and provided, that not more 
than two-thirds of the cost of any improvement, except for the construction 
of curbs, shall be assessed against such owners or their property, but the 
whole cost of constructing curbs in front of any property may be assessed 
against the owners thereof and said property. (Amended; see next preceding 
section.) 


Sec. 4. The City Council shall have power to assess against the owner 
of any steam railroad or street railway occupying any highway ordered 
to be improved, the whole cost of such improvement, between and under 


40 Charter of the 


its rails, tracks or switches, and twelve inches on the outside of the rails, 
and shall have power, by ordinance, to levy a special tax for the purpose 
of paying said cost, upon said railroad or street railway, its roadbed, ties, 
rails, fixtures, property, rights and franchises, which tax shall constitute a 
lien thereon superior to any other liens, claims or titles, except lawful 
taxes. Said tax and lien may be enforced either by the sale of said 
property in the manner and by the officers prescribed by law for the 
sale of property by the city, for ad valorem taxes, or by suit in any 
- court having jurisdiction. The ordinance levying said tax shall prescribe 
when it.shall become due and delinquent. Said tax shall bear interest 
from its due date at the rate of 6 per cent per annum, and if not paid 
within thirty days from the said date a penalty of 10 per cent thereon 
shall accrue and be recoverable. 


Sec.4a. Price Lists of Paving to Be Filed by Contractors—As soon 
after the taking effect of this amendment as may be practicable the City 
Council may by resolution provide that all persons, firms or corporations 
offering to pave or improve any highways in the City of Houston shall 
file with the City Secretary a list stating the kind or kinds of pavements 
laid by them, the kind or kinds of materials used, and a list of the unit 
prices at which they propose to furnish or lay such pavement, and the 
Council shall cause a list of same to be made by the City Secretary; pro- 
vided, that the said list may be by the Council changed from time to time 
by resolution as conditions may suggest or require, and said list shall be 
filed in the City Secretary’s office and subject to inspection at all times, 
and no bid shall be accepted, should any pavements be advertised for, 
which is in excess of the price so filed with the Council, and any change 
in unit price desired to be made by any person, firm-or corporation shall 
be made and filed at least 30 days before any advertisement for bids. 
(Added by amendment, 1913.) 


Sec.5. Petitions for Street Improvements and the Action to Be Taken 
Thereon—Whenever the owners of 51 per cent. of the front feet of 
property abutting upon any highway, or portion thereof, proposed to be 
improved, shall, in writing, petition the City Council to make improve- 
ments thereon, and shall generally designate the nature of the proposed 
improvements, and the limits’ within which the same are to be con- 
structed, the kinds of pavement that may be constructed and the material 
or materials to be used in such pavement; and said petition shall author- 
ize the City Council to select from the pavements and materials named in 
said petition such of same as the City Council may conclude to adopt, and 
shall agree to pay the whole cost of constructing curbs, if any, and shall 
stipulate the portion of the cost of the other improvements in front of 
the property of such petitioning owners abutting the said highway named 
to be improved, exclusive of the portion thereof payable by the owners of 
railroads and street railways, or paved by them or it under orders of the 
City Council, to be not less than two-thirds thereof to be paid by peti- 
tioners, who shall expressly agree to pay the same; the City Council 
shall receive said petition or petitions and cause the same to be filed, 
and said petition or petitions shall remain on file with said Council not 
less than five days before the date fixed by it for acting upon said petition, 
and the City Council shall publish in some newspaper of general circula- 
tion in the City of Houston a notice to the effect that a petition for the 
improvement of such highway or portion thereof has been filed with the 
said Council and will be acted on by the Council-on the day and at the 


City of Houston 41 


time and place mentioned in the said notice, and thereat the City Council 
shall consider the said petition and shall hear any objections thereto 
which may be made by any owner of property abutting the proposed im- 
provement, or any party interested therein, and shall examine into the 
regularity of the said petition and the genuineness of the signatures 
thereto, and if the said petition, or petitions, are found by the City 
Council to be in due form, and that the signatures thereto are genuine, 
and that the owners of at least 51 per cent of the front feet of property 
abutting upon the said improvement have signed the same, and if in the 
judgment of the City Council, under all the circumstances, including the 
portion of the cost agreed to be paid by petitioners, the making of such 
improvement is for the public good, and that the same ought to be made, 
and if there shall be a fund legally available out of which the city’s 
portion of the cost of the proposed improvements can be appropriated, 
the City Council shall by resolution so declare, and shall order the making 
of such improvements, and shall direct the City Engineer to prepare plans 
and specifications for the proposed improvements of the various kinds 
of pavement and materials named in said petition or petitions and present 
the same to the City Council for its approval. And the passage of such 
resolution shall be conclusive of the regularity and legality of such. 
petition or petitions, and the public necessity and general benefit of such 
improvements; provided, such petitions may stipulate the maximum cost 
per cubic or square yard of such improvements, or front foot of abutting 
' property, at which the work of constructing the said improvements shall 
be let; and no contract shall be let at a greater cost than is thus stipu- 
lated. (As amended, 1913.) 


Sec. 5. Whenever the owners of two-thirds of the front feet of property 
abutting upon any highway, or portion thereof, proposed to be improved, shall, 
in writing, petition the City Council to make improvements thereon, and shall 
generally designate the nature of the proposed improvements, and the limits 
within which the same are to be constructed, the kind of pavement to be con- 
structed and the material or materials to be used in such petition or petitions, 
agree to pay the whole cost of constructing curbs (if any), and two-thirds of 
the cost of other improvements in front of the property of such petitioning 
owners abutting upon the said highway named to be improved, exclusive of 
the portion thereof payable by owners of railroads and street railways, the 
City Council shall receive said petition or petitions and cause the same to be 
filed, and said petition or petitions shall remain on file with said Couneil not 
less than five days before the date fixed by it for acting upon the said peti- 
tion, publish in some newspaper of general circulation in the City of Houston, 
a notice to the effect that a petition for the improvement of such highway, 
or portion thereof, has been filed with the said Council and will be acted on 
by the Council on the day and at the time and place mentioned in the said 
notice, the City Council shall consider the said petition and shall hear any 
objections thereto which may be made by any owner of property abutting 
the proposed improvement, or any party interested therein, and shall examine 
into the regularity of said petition and the genuineness of the signatures 
thereto, and if the said petition, or petitions, are found by the City Council 
to be in due form, and that the signatures thereto are genuine, and that the 
owners of at least two-thirds. of the front feet of property abutting upon 
said improvement have signed the same, the Council shall, by resolution, so 
declare and shall order the making of such improvements, and the passage of 
such resolution shall be conclusive of the regularity and legality of such peti- 
tion, or petitions, and the public necessity and general benefit of such im- 
provements; provided, the Council shall refuse to grant said petition, or peti- 
tions, if there shall be no fund legally available out of which the city’s por- 
tion of the cost of the proposed improvements can be appropriated. Said 
resolution shall direct the construction of the kind of pavement specified in 
said petition, and of the other improvements therein described, and the use 
of the materials therein designated; provided, such petitions may stipulate 
the maximum cost per cubic or square yard of such improvements, or front 
foot of abutting property, at which the work of constructing the said im- 
provements shall be let; and no contract shall be let for a greater cost than 
is thus stipulated. (Amended; see next preceding section.) 


‘ 


42 Charter of the 


6 


Sec. 5a. Street Improvements Initiated by Council and Subsequent Proce- 
dure—Whenever the City Council of the City of Houston shall decide to 
-initiate the improvement of any highway it shall by resolution declare 
that such highway shall be improved, either partly or wholly at the cost 
of the abutting property owners and steam railroads and street railways 
occupying parts of the same as is provided in Sections 3 and 5 of Article 
TVa, the Council shall also by resolution require the City Engineer to 
prepare and file with the City Council, as is provided in Section 6, com- 
plete specifications for the proposed improvements, together with a 
written statement which shall contain the names of the persons, firms, 
corporations and estates owning. property abutting on the highway or 
portion thereof to be improved, with the number of front feet owned by 
each and the description. of their property either by lot or block number 
or in any other manner sufficient to identify it, and when the same shall 
have been prepared the City Council shall by resolution order a hearing 
to be given before the City Council to such owners, their agents or attor- 
neys, and set a time and place for the same, which shall be not less than 
ten days from and after the passage of such resolution, a notice of which 
shall be given by publication in some daily newspaper of general circula- 
tion in the City of Houston, not less than three times before the date 
set forth for the said hearing, the first publication to be not less than ten 
days prior to the date of said hearing, and shall also give notice of said 
hearing by posting copies of said notice in the postoffice in Houston, 
Texas, by registered mail, addressed to said property owners, if their 
address be known, but if not known, then to their agents or attorneys, if 
known. Said notices shall be posted not less than ten days prior to the 
date of the hearing, and unless at said hearing the owners of more than 
forty-nine per cent. of the front feet of property abutting on the highway 
or portion thereof proposed to be improved shall in open council register 
their objections thereto, which with the names of the objectors shall be 
entered by the Secretary in the minutes of the meeting, the City Council 
may after the conclusion of said hearing order the making of said im- 
provements, and shall determine and fix the cost of the improvement 
which is to be paid by the abutting owners, to be not less than the whole 
cost of constructing curbs and not less than two-thirds of the cost of other 
improvements in front of the property of the abutting owners, exclusive 
of the portion thereof payable by or to be done by street and steam rail- 
ways, and proceed therewith as is elsewhere provided in this Article; 
provided, that if there shall be no funds legally available out of which 
the city’s portion of the cost of improvement can be appropriated, the 
making of such improvement shall not be ordered. (Added by amend- 
ment, 1913.) 


Sec. 6. Specifications, Advertisements, Bids and Constracts for Street 
Improvements—When said resolution provided for in Sections 5 and 5a 
has been adopted, the City Engineer shall forthwith prepare and file with 
the City Council complete specifications for the proposed improvements, 
so prepared as to permit, if desired by the Council, the securing of bids 
for any portion of said improvements separately from the other portions, 
which said specifications shall be examined, and if found correct, be 
approved by the City Council. When said specifications have been ap- 
proved the City Council shall cause advertisement to be made for com- 
petitive bids for the construction of said improvements of each of the 
pavements and materials named in the petition or petitions, or resolu- 
tion of the Council provided for in Section 5a, such advertisements to be 


City of Houston 43 


made in the manner and for the length of time required by the other pro- 
visions of this Charter, and when bids have been received and opened and 
the Charter requirements with reference to the acceptance and consider- 
ation of bids have been complied with, the City Council shall adopt the 
pavements and materials to be used in the construction of said im- 
provements, including that portion of the street occupied by and charge- 
able to a steam railroad or street railway, and shall have the power to con- 
tract for the construction of said improvements, and to cause the same 
to be constructed; provided, that the City Council is expressly authorized 
to adopt and provide for that portion of such street occupied and paid 
for by any steam railroad or street railway such material or kind of pave- 
ment as the City Council may deem suitable for that purpose, whether 
it be the same materials and pavements adopted for the balance of the 
street or not. And said City Council shall cause to be executed a contract 
in writing between the city and the contractor or contractors to whom the 
work may be let, providing for the construction thereof in accordance 
with said specifications, which contract shall be approved by the Council 
_ and signed by the Mayor and countersigned by the Controller under the 
impress of the corporate seal. At or prior to thé execution of said con- 
tract or contracts the Council shall appropriate from said legally available 
fund of the city a sum sufficient to pay the portion of the cost of said 
improvement payable by it, which sum when appropriated shall be used 
for that purpose only. 


The City Council shall have power to require the contractor to whom 
the work may be let to enter into such bonds as may be required by it for 
the faithful performance of the contract, and also a bond conditioned for 
the maintenance of said improvements in good repair and condition at the 
cost of the contractor for a period of not less than five years from the 
completion thereof. Said bonds, if required, shall be executed by the con- 
tractor or contractors with one corporate surety authorized to do business 
in Texas. (As amended, 1913.) 


Sec. 6G. When said resolution has been adopted, the City Engineer shall 
forthwith prepare and file with the City Council complete specifications for 
the proposed improvements, which shall be examined and, if found correct, be 
approved by the Council. When said specifications have been approved the 
City Council shall have power to contract for the construction of said im- 
provements, and to cause same to be constructed, and shall cause to be exe- 
euted a contract in writing between the city and the contractor to whom 
the work may be let, providing for the construction thereof in accordance 
with said specifications; which contract shall be approved by the Council and 
signed by the Mayor and countersigned by the Comptroller under the impress 
of the corporate seal. At or prior to the time of the execution of said con- 
tract the Council shall appropriate from said legally available fund of the 
city a sum sufficient to pay the portion of the cost of said improvement pay- 
able by it, which sum, when so appropriated, shall be used for that purpose 
only. 


The City Council shall have power to require the contractor to whom the 
work may be let, to enter into such bonds as may be required by it for the 
faithful performance of the contract; and also a bond conditioned for the 
maintenance of said improvements in good repair and condition at the cost 
of the contractor for a period of not more than five years from the comple- 
tion thereof. Said bonds, if required, shall be executed by the contractor with 
one corporate surety authorized to do business in Texas. (Amended; see next 
preceding section.) 


Sec. 7. When said contract has been executed, the City Engineer 
shall at once prepare and file with the Council a written statement, which 
shall contain the names of the persons, firms, corporations or estates 
owning property abutting on the highway, or portion thereof, to be 
improved, with the number of front feet owned by each, and a descrip- 
tion of their property, either by lot or block number, or in any other 


44 Charter of the 


manner sufficient to identify it. Said statement shall also contain the 
estimated total cost of the whole improvement, and the estimated cost per 
front foot of abutting property proposed to be assessed against owners 
thereof. Said statement shall be examined by the City Council, and any 
errors or mistakes therein corrected, but no error or mistake in said 
statement shall invalidate any proceeding had or assessment made under 
the terms of this Article. Upon approval of said statement by the Coun- 
cil it shall so declare by resolution. Said resolution shall order a hearing 
to be given before the City Council to said owners, their agents or attor- 
neys, and seta time and place for the same; at which hearing an oppor- 
tunity shall be given to said owners, or any party interested, to be heard 
concerning the special benefits, if any, to said property by means of said 
improvements, or concerning any error or invalidity in any proceeding 
with reference thereto, or concerning any matter or thing connected 
therewith, and said resolution shall direct the City Secretary, or such 
other officer of the city as may be designated by the Council, to give 
notice of said hearing by publishing a copy of said resolution in some 
daily paper of general circulation in the City of Houston, noi tess than | 
three times before the date set forth for said hearing, the first publication 
to be not less than ten (10) days prior to the day of said hearing. The 
said notice shall also contain a general statement of the nature of the 
proposed improvements, and the limits within which same are to be con- 
structed, and a statement of the amount per front foot of property abut- 
ting on said improvement which it is proposed to assess against owners 
thereof, 


The City Secretary, or officer designated by said resolution, shall publish 
said notice as herein provided, and shall also give notice of said hearing 
by posting copies of said notice in the postoffice in Houston, Texas, by 
registered mail, addressed to said property owners, if their address be 
known, but if unknown, then to their agents or attorneys, if known. Said 
notices shall be posted not less than ten days prior to the date of the 
hearing. But said notice by posting shall be only cumulative of and in 
addition to the notice herein provided to be given by advertisement, which 
shall be sufficient and valid without any further notice. 


At the time and place named in the said resolution and notice, said 
property owners, their agents and attorneys, shall receive a full and fair 
hearing before the City Council as to the special benefits, if any, of said 
proposed improvements to their property, and as to any error or invalidity 
in any proceeding with reference to said improvements, or any objection 
to said assessment, or any matter in connection therewith, and shall be 
entitled to subpoena witnesses and produce testimony. Said hearing shall 
be kept open and adjourned from day to day and time to time until all 
protests shall have been duly heard. 


Upon conclusion of the said hearing the City Council shall determine 
from the evidence before it the amount, if any, to be assessed against 
each property owner and their property, but no assessment shall be made 
against any property owner or their property in excess of the actual 
benefits to said property in the enhanced value thereof by means of said 
improvement, nor until after the said notice and hearing. The City 
Council shall have full power to inquire into and determine all facts 
necessary to the adjudication of any objection made to said proposed 
assessment, and to ascertain said benefits, and shall render such judg- 
ment and order in each case as shall be just and proper. Any objection 
to the said assessment or to the validity of any proceeding with reference 


Caty of, Houston. 2". 45 


to the said improvement, shall be filed with the Council in writing before 
said hearing is closed, and shall be deemed waived unless so filed. 


Sec. 8. At any time within ten days after the closing of said hearing 
anyone having an interest in property subject to assessment in any pro- 
ceeding hereunder, or who may be subject to a personal liability for a 
part of the cost of improvements ordered by said Council, may institute 
suit in any court of competent jurisdiction to contest the validity in whole 
or in part of said assessment, or lien or personal liability fixed by said 
proceedings, or the validity or regularity of any of said proceedings. . Any 
person who shall fail to institute such suit within said ten days, or to dili- 
gently prosecute the same to final judgment, shall be forever barred from 
contesting in any other proceedings, and said assessment, lien or personal 
liability, or the validity of any proceedings with reference to said im- 
provement, and.this bar and estoppel shall bind the heirs, assigns, suc- 
cessors or personal representatives of such persons. 


Whenever any such suit shall be brought, the work of constructing the 
improvement may be suspended at the election of either the city or the 
contractor to whom the work may be let, until the final determination of 
such suit. Any appeal or writ of error shall be perfected within thirty 
days after the adjournment of the term of court of original jurisdiction in 
which final judgment was rendered therein, and no appeal or writ of 
error shall thereafter be taken out or perfected by either party. Such 
suits shall be entitled to precedence in all courts of the State, and shall be 
heard as soon as practicable, and any party thereto may move for an 
early hearing. 


The City of Houston and the contractor, or contractors, to whom the 
work of constructing said improvements may have been let, shall be 
parties defendant to such suits with other proper parties. 


Sec.9. When the hearing above mentioned has been concluded, the 
City Council shall by ordinance assess against the several owners of the 
property abutting upon the highway, or portion thereof ordered to be 
improved, and against their property, such proportionate part of the cost 
of the improvement as may have been adjudged against them, respectively. 
The portion of said cost assessed against any such owner or his property, 
together with reasonable attorney’s fees and costs of collection when in- 
curred, shall constitute a personal liability of said owner and a first and 
prior lien upon said property, superior to all other liens, claims or titles, 
except for lawful ad valorem taxes. Such ordinance shall fix and declare 
said lien and liability and shall state the time and manner of payment of 
said assessments. The City Council shall have power to provide that said 
assessments shall be payable in installments, not, however, exceeding 
five, the last payable not exceeding four years from the completion and 
acceptance by the city of the improvement. 


Deferred payments shall bear interest at the rate of not exceeding 8 
per cent. per annum, as may be prescribed by said ordinance, but any 
person against whom such assessment may be made shall have the right 
to pay any or all of said deferred payments before maturity upon payment 
of principal and accrued interest. 


Said ordinance shall provide that default in the payment, when due, 
of any installment of principal or interest upon said assessment, shall 
mature the whole thereof. The fact that more than one parcel of land, 
the property of one owner or of two or more persons, have been assessed 


46 Charter of the 


together shall not invalidate the same, or any claim of personal liability 
thereunder. The lien and personal liability fixed by said assessment 
shall be enforced, together with cost of collection and reasonable attor- 
ney’s fees, if incurred, either by suit in any court having jurisdiction, or 
by sale of the property assessed, in the same manner as far as applicable 
and by the same officers as provided by law for sales of real estate by the 
City of Houston for delinquent city ad. valorem taxes, provided that 
it shall not be necessary to make said sales at the same time provided for 
such tax sales. 

The recital in any deed given by any officer making such sale, under the 
terms thereof, that all things prerequisite to the validity of said sale have 
been done or performed, shall be prima facie evidence of the facts so 
stated and no other evidence thereof shall be required. 


The portion of the cost of an improvement determined by thé Council 
to be payable by the owners of property abutting thereon, shall be appor- 
tioned between them in accordance with the front foot plan or rule, in 
proportion as the frontage of each owner is to the whole frontage to be 
improved; provided, that if in individual cases the Council shall deter- 
mine that the strict application of this rule would result in injustice or 
inequality, then the said Council shall adopt such rule of apportionment 
as will produce substantial equality among said owners, considering 
burdens imposed upon and benefits received by them. Said ordinance of 
assessment may contain any such other provisions not inconsistent here- 
with. 

Any error or omission in describing property or in designating owners, 
or any other error or mistake, may be corrected at any time by said 
Council or at the suit of any interested party. 

It shall be the duty of the Council to provide for the enforcement and 
collection of said assessments, and it shall have power to pass any ordi- 
nance or resolution for this purpose. ; 


Sec. 10. When the Council has reason to believe that the owner of any 


property may successfully claim the same as exempt from special assess- 
ment, it may order that the improvement be not made in front of such 
property unless said owner shall first satisfactorily secure the payment 
of the portion of the cost of the improvement determined to be payable 
by him. And whenever a part of the said cost is payable by the owner of 
such exempt property, and it is provided in the proceedings or contract 
with reference to the improvement that the contractor is to look to the 
owners of abutting property and their property for the payment of such 


part of said cost, the contractor to whom the work shall be let shall not 


be required to construct the improvement in front of any such exempt 
property until first satisfactorily secured in the payment of the amount 
payable by the owners of such exempt property. And the failure to con- 
struct such improvements in front of such exempt property shall not in- 
validate the lien or personal liability fixed by said ordinance of assessment 
against any other property abutting on the highway improved, or the 
owner thereof. 


Sec. 11. Whenever any error or mistake shall occur in any proceeding 
under this Article, it shall be the duty of the City Council to correct 
same; and whenever, for any reason, it shall appear that any assessment 
or claim for personal liability fixed or attempted to be fixed against any 
property or its owner hereunder is unenforceable on account of any error 
or invalidity in any of said proceedings, or the assessment of any property 


City of Houston 47 


has been by error omitted, the City Council shall have power and it shall 
be its duty at any time to reassess against said property and its then 
owner the amount determined to be properly payable by said owner after 
notice to and hearing of said owner in the manner hereinbefore provided. 
But no reassessment shall be made against any property in any amount in 
excess of special benefits thereto in enhanced value thereof by means of 
the improvement. 


Sec.12. The passage by the City Council of a resolution directing the 
improvement of any highway, or part thereof, shall operate as notice 
thereof and of the assessment and lien thereafter fixed upon property © 
abutting said highway, as against all creditors or owners of such property 
and purchasers thereof, and the lien fixed by said assessment shall, with- 
out further proceeding or record, relate back to said resolution and be 
effective against said purchasers or creditors. ? 


Sec.13. The City Council shall have full power, and it shall be its duty, 
to adopt any ordinance or resolution and to do all things which may be 
necessary or proper, and not inconsistent with this Article, to carry into 
effect every provision thereof. 


Sec. 14. The City Council shall have the power to authorize the issuance 
by the city to the contractor constructing any improvement, of assignable 
certificates against property abutting such improvement and its owner, 
or against the owners of steam railroads.or street railways whose tracks 
occupy the highway improved, and against their property, and shall pre- 
scribe the form of such certificates. The recital in such certificates that 
the proceedings with reference to the improvements therein referred to 
have been regularly had in compliance with the Charter of the City of 
Houston, and that all prerequisites to the fixing of the lien and personal 
liability evidenced by said certificates have been performed, shall be prima 
facie evidence of the facts so recited and no other proof thereof shall be 
required; but in all courts the said proceedings and prerequisites shall, 
without further proof, be presumed. Such certificates shall be signed by 
the Mayor and attested by the Controller with the impress of .the cor- 
porate seal. 


Sec. 15. The Council may provide that contractors to whom the work 
of improvement may beslet shall look only to the owners of abutting 
property and their property and to the lien and liability against the same 
fixed by the city for the payment of that portion of the cost of improve- 
- ments payable by said owners and assessed against them and their prop- 
erty, and in such event the city shall not be responsible or liable for such 
portion of the cost of improvement. 


Sec. 16. The powers granted by this Article and the procedure therein 
provided shall be cumulative of and in addition to the powers granted 
and procedure provided for in the present Charter of the City of Houston 
with reference to street improvements and contracts therefor. 


Sec. 17. The benefit of this act shall apply to the City of Houston and 
the terms thereof shall extend to said city when the City Council shall 
submit the question of the adoption or rejection of this amendment to a 
vote of the resident property taxpayers who are qualified voters of said 
city at a special election called for that purpose by said City Council, if 
the same be adopted at the election. Said election shall be held in com- 


48 Charter of the 


pliance with the law governing regular city elections in said city; but 
City Council is empowered to order said election and prescribe the time 
and manner of holding the same, and shall canvass and determine the 
results of said election, and if a majority of the voters voting upon the 
question of this amendment at said election shall vote to adopt the same, 
the result of the election shall be entered upon its minutes by the City 
Council and thereupon all the terms hereof shall be applicable to and 
govern said City of Houston. 


A certified copy of said minutes shall be prima facie evidence of the 
result of the election and the regularity thereof, and the facts therein 
recited shall, in all courts, be accepted as true. When this act has been 
adopted by the City of Houston, the Mayor and Council thereof shall have 
the power to pass all ordinances or resolutions necessary to give full 
force and effect thereto and to every part thereof. 


Sec. 18. That the near approach of the present session of the Legisla- 
ture and its short duration and the imperative necessity of the immediate 
improvement of the highways of the City of Houston, and the fact that 
the present Charter of the City of Houston contains no adequate provision 
for such improvements, create an imperative public necessity demanding 
the suspension of the constitutional rule requiring bills to be read on three 
several days, and said rule is so suspended and creates an emergency 
requiring that this act take effect from and after its passage; and it is so 
enacted. 


¢ 


ARTICLE V. 


Section1. Elective Officers—The administration of the business affairs 
of the City of Houston shall be conducted by a Mayor and four Aldermen, 
who, together, shall be known and designated as the City Council, each 
and all of whom shall be elected by the qualified voters of the city at 
large, and who shall hold their respective offices for two years from and 
after the next city election, or until their successors are elected and quali- 
fied, unless sooner removed, as is provided by this act; provided, however, 
that all of the present officers of the City of Houston, who were elected 
at a city election held in said city on the fourth day of April, A. D. 1904, 
‘pursuant to the provisions of an act passed by the Twenty-eighth Legis- 
lature of the State of Texas, entitled: “An act to provide a charter for the 
City of Houston, Harris County, Texas, repealing all laws or parts of laws 
in conflict herewith, and declaring an emergency”; except the Mayor, 
Aldermen and City Attorney, shall hold their respective offices, unless 
sooner removed by the Mayor for cause, and receive the compensation 
now fixed therefor; until the expiration of two years from and after the 
date of their election on the fourth day of April, 1904, and qualification 
thereunder. 


Compensation of all officers, except the Mayor and Aldermen, shall be 
fixed by the City Council, which may increase or diminish the same at 
will, or abolish entirely any office, at’ any time, except as to the officers 
above mentioned, and until their two years’ term of office expires. 


In case a primary election is held pursuant to the call or under the 
direction of any political party, or of any association of individuals for 
the nomination of candidates for the offices of Mayor and Aldermen, the 
candidates or persons voted for in said primary election shall be voted 
for at large by all of the legally qualified voters in said city, it being the 


City of Houston AQ 


purpose of this act to nominate and elect at large in said city the Mayor 
and Aldermen, without restricting the nomination of candidates for either 
position to any smaller designated territory within the limits of said city, 
and any primary election held for the purpose of nominating candidates 
who shall stand for election at a city election in said city at which said 
primary the candidates for Mayor and Aldermen are not voted for, as 
herein provided, shall be absolutely illegal, and no person so nominated 
at said primary election shall be eligible to election at a general election, 
nor shall he hold any office if elected thereto after nomination in a pri- 
mary wherein the voters at large in said city did not participate in said 
primary election. 


Sec. 2. Appointive Officers—The Mayor shall have power to appoint, 
subject to confirmation by the City Council, such heads of departments in 
the administrative service of the city as may be created by ordinance, 
and shall have power to appoint and remove all officers or employees in 
the service of the city for cause, whenever in his judgment the public 
interests demand or will be better subserved thereby; and no officer 
whose office is created by ordinance shall hold the same for any fixed 
term, but shall always be subject to removal by the Mayor or may be 
removed by the City Council. In case of such removal, if the officer or 
employee so removed requests it, the Mayor or City Council, as the case 
may be, shall file in the public archives of the city a written statement of 
the reason for which the removal was made. 


Sec. 3. Commissioners—The four Aldermen or Commissioners to be 
elected at the regular city election shall be designated and denominated 
as follows: 


No. 1—Tax and Land Commissioner. 
No. 2—Fire Commissioner. 

No. 3—Street and Bridge Commissioner. 
No. 4—Water Commissioner. . 


In primary nominating or regular elections each candidate shall desig- 
nate the position for which he is a candidate and shall have his name 
placed on the official ballot as a candidate for the particular position 
which he seeks, and each voter shall vote for only one candidate for each 
position whether in nominating primary or regular election, unless the 
voting be by preferential ballot, in which event they shall vote for them 
as prescribed by ordinance. 


That such Aldermen, in addition to the duties indicated by the above 
positions and as provided in this Charter, shall perform any and all other 
and further duties as are now or may hereafter be required by ordinance 
or resolution. (Added by amendment, 1913.) 


Sec.4. Compensation of Employees—There is hereby established as a 
minimum wage for all of the day laborers of the City of Houston the sum 
of two dollars per calendar day of eight hours during which they shall 
work, and. it shall be unlawful for any officer, agent or employee of the 
City of Houston to require or permit any day laborer of the City of Hous- 
ton to perform work for the city for a less wage than two dollars per 
calendar day for each and every day during which he shall: be so em- 
ployed or performing work for the City of Houston. Provided further, that 
should any such laborer be required or permitted in the case of an 
emergency to work more than eight hours in any one calendar day he 


50 Charter of the 


shall be paid for all time over said eight hours on the basis of eight hours 
constituting a day’s work. (Added by amendment, 1913.) 


Sec.4a. Provisions for Primary Elections for the Nomination of Elec- 
tive Officers by the Preferential Ballot—The City Council shall pass all 
necessary ordinances providing for and requiring the nomination of all 
candidates of any political party for elective officers in the City of 
Houston by preferential ballot substantially in accordance with the follow- 
ing, viz: 

(a) Form of Ballot—The executive committee of any such political 
party shall cause the ballots to be printed, etc., as provided by law. The 
ballots shall contain a complete list of the offices to be filled and the 
names of the candidates of such political party therefor. When the 
number of candidates is more than three times the number of offices to 
be filled the form of the ballot shall be substantially as follows: It shall 
be designated ‘official ballot.” Underneath this shall appear the follow- 
ing: —— (name of political party) primary for the nomination of 
elective officers. bie 


(b) Instructions to Voters—To vote for any candidate place a Cross (X) 
mark with ink in a blank space opposite the name of the candidate for 
whom you desire to vote. If you wrongly mark, tear or deface this ballot, 
return it to the judges of election and obtain another. 


Do not vote more than one choice for any candidate, as only one choice 
will be counted. 


Vote as many third choices as you wish. 
Vote your first choice in the first column. 
Vote your second choice in the second column. 


' Vote in the third column for all the other candidates whom you wish to 
support. 


(Suggested form for ballot without heads and instruction.) 


ONE MAYOR TO BE NOMINATED. 
First Second Third 
Mayor— Choice Choice Choice 
(Names of Candidates) 


FOUR ALDERMEN OR COMMISSIONERS TO BE NOMINATED. 


First Second Third 
' Alderman— Choice Choice Choice 
sels ‘ 
Tax and Land Commissioner— 
(Names of Candidates) 
First Second Third 
Alderman— Choice Choice Choice 
No. 2. | 
Fire Commissioner— 
(Names of Candidates) 
First Second Third 
Alderman— Choice Choice Choice 


No. 3. 
Street and Bridge Commissioner— 
(Names of Candidates) 


City of Houston 51 


First Second Third 
Alderman— Choice Choice - Choice 


No. 4, 
Water Commissioner— 
(Names of Candidates) 


ONE CONTROLLER TO BE NOMINATED. 
First Second Third 
Controller— Choice Choice Choice 
(Names of Candidates) 


SCHOOL TRUSTEES TO BE NOMINATED (IF ELECTIVE). 
First Second Third 
School Trustees— Choice Choice Choice 
(Names of Candidates) 


ONE CHAIRMAN OF ——— EXECUTIVE COMMITTEE TO BE 
ELECTED. 
First Second hired. 
Chairman Executive Committee — Choice Choice ‘ Choice 


(Names of Candidates) 


FOUR EXECUTIVE COMMITTEEMEN TO BE ELECTED. 
First Second Third 
Executive Committeemen— Choice Choice Choice 


(Names of Candidates) 


(Other officers, if any, charter amendments or other referendum mat- 
ters to be voted upon here.) 

(Ce) ‘When the number of candidates is more than three times the 
number of places to be filled the bailot shall contain three columns, as 
above headed, respectively: First, second and third choice, so that there 
shall be three blank spaces after the name of each candidate, one under 
each of said designations. | 3 

(d) When the number of candidates is more than two times the number 
.of offices to be filled and not more than three times the number of offices 
to be filled the ballot shall give first and second choice columns only. 

(e) When the number of candidates is not more than two times the 
number of offices to be filled only one column for marking votes shall 
appear. 

(f) The instructions to voters shall be changed to correspond with the 
number of columns for choices on the ballot. 

(g) All ballots shall be of the same size and quality, on white paper 
of the same tint and the same kind of type and printed with black ink. 
Space shall be provided for charter amendments and other questions to be 
voted on at city elections. The names of the candidates shall be arranged 
by lot by the executive committee as provided by law. 

(h) Such executive committee at least ten days before the primary 
election shall cause as many sample ballots as may be necessary to 
abundantly supply the voters to be printed upon paper of different color, 
but otherwise identical with the ballots to be used at the election, and 
shall distribute the same upon application to the qualified voters. of said 


city. 


By Charter of the 


(i) Canvass of Returns—Such ballots shall be counted at the times and 
in the manner provided by law, and the judges shall cause to be entered 
the number of first, second and third choice votes for each candidate 
on the tally sheet and make return thereof to the executive committee as 
provided by law. 


(j) Ifa ballot contain more than one vote for the same candidate only 
the one of such votes highest in rank shall be counted. ~All ballots shall 
be void which do not contain first choice votes for as many candidates as 
there are offices to be filled, if the voter votes for any candidates for such 
office or offices. If a ballot contain either first or second choice votes in 
excess of the number of offices to be filled no vote in the column showing 
such excess shall be counted. 


(k) Candidates receiving a majority of first choice votes for any office 
shall be nominated. If the full number of candidates to be nominated do 
not receive such a majority of the first choice votes for such office, a 
canvass shall then be made of the second choice votes received by those 
candidates for said office who are not nominated by first choice votes; 
said second choice votes shall be added to the first choice votes received 
by such candidates, and candidates who with such addition shall receive 
a majority shall be nominated. 


(1) If by the count of either first choice votes, or first and second choice 
votes, as above provided, more candidates than there are places to be 
filled shall receive a majority, the candidate or candidates equal in num- 


ber to the number of places to be filled having the highest vote shall be 
nominated. 


(m) If the full number of candidates to be nominated do not receive a 
majority by adding first and second choice votes, as above directed, a 
canvass shall then be made of the third choice votes received by those 
candidates for said office who are not nominated either by first choice 
votes or by adding first and second choice votes, said third choice votes 
shall then be added to the first and second choice votes received by such 
candidates and the candidates equal in number to the number of places 
remaining to be filled who received the highest number of votes by said 
addition shall be nominated. : 


(n) <A tie between two or more candidates shall be decided in favor 
of the one having the highest number of first choice votes. If they are 
also equal in that respect, then the highest number of second choice votes 
shall determine the result. If this does not decide, then the tie shall be 
determined by lot. 


(o) The word “majority” when used in this charter shall mean more 
than one-half of the total number of ballots cast at such eléction. 


(p) No informalities in conducting a municipal election shall invali- 
date the same if they be conducted fairly and in substantial compliance 
with the Constitution and laws of the State of Texas and the charter and 
ordinances of the City of Houston. 


(q) The City Council in passing the above mentioned ordinances is 
authorized to depart herefrom or add hereto so long as it does not impair 
the purpose and intent of this section. 


(r) If the Council can not pass ordinances adopting the preferential 
ballot for primary elections when this amendment is adopted because 
of existing laws of the State, then it shall adopt the same for primary 
elections, carrying out the purpose and intent of this amendment, when- 
ever the laws of the State will allow and permit of its adoption, but this 


City of Houston 53 


amendment shall not become effective until such ordinances have been 
by the Council passed, and until the passage of such ordinances putting 
this amendment into effect all nominations of candidates of any political 
party for elective offices in the City of Houston shall be conducted as is 
now or may hereafter be by law or ordinance provided as though this 
amendment had not passed. (Added by amendment, 1913.) 


ARTICLE Va. 
Civil Service. 


Section1. Commission, Creation of—There is hereby established a 
Civil Service Commission, which shall consist of three persons, resident 
citizens of the City of Houston, who shall have resided in said city for a 
period of more than three years, and one of whom shall be a member of 
the City Council, and all of whom shall be over the age of 25 years. Im- 
mediately after this amendment goes into effect, or as soon thereafter as 
practicable, and every two years thereafter, the Mayor shall appoint and 
the City Council confirm such Commissioners, and they shall serve without 
compensation; their term of office shall be for two years, or until their 
successors are appointed and qualified. Any vacancy in said Commission 
caused by death, resignation or otherwise shall be filled by the Mayor and 
confirmed by the Council for the unexpired term of such retiring Com- 
missioner. 


Sec.2. Rules and Powers of Commission—The Civil Service Commis- 


sion, with the approval of the City Council, shall make such rules and 
regulations for the proper conduct of its business as it shall find necessary 
and expedient; but all rules made by the commission may be changed or 
amended by the City Council; provided, that no rules or regulations shall 
ever be adopted which will permit the appointment or employment of 
persons without good character or unfit and incompetent to discharge the 
duties thereof or prevent the removal or discharge of any appointee or 
employee for want of fitness, moral character, or competency, or the 
failure or refusal to properly discharge the duties of his appointment or 
- employment. 


The Civil Service Commission, among other things, shall provide for 
the classification of all employees eligible to civil service, except day 
laborers, and of all officers and appointees, including peace officers and 
firemen, except the heads of departments now existing or which may be 
hereafter created by the City Council, and the officers and appointees 
hereinafter named: The City Attorney and his assistants; City Tax At- 
torney, if there shall be one; City Engineer; Tax Assessor and Collector; 
Chief of Police; Chief of Fire Department; Fire Marshal; Purchasing 
Agent; City Health Officer; City Pathologist; City Scavenger; and all of 
the chief clerks of any and all departments of the city government, and 
the members of all the boards created and appointed by the Council shall 
not be subject to civil service rule; provided, however, that the naming 
of particular departments and the heads thereof as hereinbefore given 
shall not be exclusive of other departments that now exist, or that may 
be hereafter created by the Council, and no head of any department, nor 
his chief clerk, shall be subject to civil service rule. The Civil Service 
Commission shall also make provision for open, competitive and free ex- 
amination as to the fitness in regard to classified services for an eligibility 


54 . Charter of the 


list from which vacancies shall be filled, for a period of not less than 12 
months’ probation before being placed upon the classified list of ap- 
pointees or employees and for promotion on the basis of merit, experi- 
ence and record. 

Employees of the city who may at the time of the adoption of this 
Article be in the actual service of the city shall retain their respective 
positions unless removed by the Mayor and City Council under the pro- 
visions of this Charter, until placed on the classified list after having 
served their probation. 

The City Council may by ordinance confer upon the Commission such 
further and additional rights and duties as may be deemed necessary to 
enforce and carry out the principles of this Article. 


Sec.3. Removal of Employees—Any employee may be suspended by 
the head of the department under which he is employed, and thereupon 
his salary shall cease. The officer making the order of suspension shall 
forthwith file with the Civil Service Commission a statement of the sus- 
pension and his reasons therefor. Within ten days after such suspension 
the employee so suspended may, if he desires, file an appeal with the 
Civil Service Commission, who shall hold an inquiry within ten days 
thereafter, and said Commission shall make a decision within ten days 
after the hearing whether the employee shall be permanently dismissed 
from the service of the city or reinstated in his employment. All such 
hearings shall be public; the decision of the Commission shall be final. 
In order for an employee to file an appeal as hereinbefore provided it 
shall only be necessary for him to file a written statement showing in ° 
what department he was employed, when and for what he was suspended 
and a statement by him denying the truth of the matters charged in the 
statement of the officer so suspending him, and that he desires an appeal 
from the decision of said officer suspending him, which statement of 
appeal shall be signed and sworn to by the employee so suspended. In 
all hearings on appeal from the order of suspension by the Civil Service 
Commission, the judgment of the officer suspending the employee shall be 
presumed to be correct; the burden of disproving the charges made against 
the employee that resulted in his removal shall be upon the employee. 


Sec.4. Commission, Rules and Regulations—The Civil Service Com- | 
mission, with the approval of the City Council, shall have power at all 
times to make proper rules and regulations for the government of the em- 
ployees under civil service, and when any such rules or regulations have 
been made it shall cause said rules to be published in some newspaper 
in the City of Houston; provided, that no person under the age of twenty- 
one years or over the age of forty-five years, unless at the adoption of 
this amendment he shall have served the City of Houston for ten years, 
shall be eligible to appointment or employment under civil service; and 
provided, further, that no rules and regulations shall ever be adopted 
which will permit the appointment or employment of any person without 
good character, or unfit and incompetent for the discharge of the duties 
of such appointment or employment, or to prevent the removal or dis- 
charge of any appointee or employee for want of fitness, moral character 
or the failure or refusal to properly discharge the duties of his appoint- 
ment or employment. 


/ 


Sec.5. That as to all employees, officers and appointees not under 
civil service the provisions of the present Charter shall remain in full 


City of Houston 55 


force as to such appointment, removal, salary, services and duties, unless 
amended at this or some other subsequent election. (Added by amend- 
ment, 1913.) 


ARTICLE VI. 


Section1. The Mayor—The chief executive and administrative officer 
of the city shall be a Mayor, who shall be a citizen of the United States, 
a qualified voter, residing for five consecutive years immediately before 
his election within the city limits, and a bona fide owner of real estate for 
at least two years before his election, and shall hold his office for two 
years, and until his successor is elected and qualified, unless sooner re- 
moved as provided by this act. 


Sec.2. Mayor Pro Tem—At the first regular meeting of the City 
Council after the induction of the newly elected Mayor and Aldermen 
in office, the Mayor shall nominate, subject to confirmation by the City 
Council, one of the Aldermen who shall be known and designated as 
“Mayor Pro Tem,” and shall continue to hold the title and the office until 
the expiration of the term of office for which he was elected as Alderman, 
but shall receive no extra pay by reason of being or acting Mayor Pro Tem. 


Sec. 3. Disability of the Mayor—If for any reason the Mayor is absent 
from the city, sick or unable to perform the duties of his office, the Mayor 
Pro Tem shall act as Mayor, and during such absence or disability shall 
possess all of the powers and perform all of the duties of the Mayor, 
except that he shall not, independent of the City Council, appoint or re- 
move any officer or head of any department from office, which officer 
or head of department was appointed by the Mayor, unless the Mayor 
shall be absent or disabled for a period of at least sixty days. 


Sec.4. Vacancy—lIn case of the death, resignation or permanent dis- 
ability of the Mayor, or whenever a vacancy in the office of Mayor shall 
occur for any reason, the Mayor Pro Tem shall act as Mayor, and shall 
possess all of the rights and powers of the Mayor, and perform all of his 
duties, under the official title, however, of “Mayor Pro Tem” until an 
election is ordered by the City Council to fill the vacancy in the office 
of the Mayor. Said election, should a vacancy occur in the office of 
Mayor, shall be called by the City Council and held within thirty days 
thereafter, and notice by publication given for at least twenty days, as 
may be required by law. . 


Sec.5. Removal of the Mayor—In case of misconduct, inability or 
wilful neglect in the performance of the duties of his office, the Mayor 
may be removed from office by the City Council by majority vote of all 
the Aldermen elected, but shall be given an opportunity to be heard in his 
defense, and shall have the right to have process issued to compel the 
attendance of witnesses, who shall be required to give testimony, if he so 
elects. The hearing, in case of impeachment of the Mayor, shall be public 
and a full and complete statement of the reasons for such removal, if he 
be removed, together with the findings of facts as made by the Council, 
shall be filed by the City Council in the public archives of the city, and 
shall be and become a matter of public record. 


Pending the charge of impeachment against the Mayor, the City Council 
may suspend him from office for a period of not exceeding thirty days, 


56 Charter of the 


and if upon final hearing the conclusions and findings of the City Council 
are that the Mayor be impeached and removed from office, such findings 
shall be final. 


Sec. 6. Veto Power of the Mayor—Every ordinance, resolution or 
motion of the City Council shall, before it takes effect, be presented to the 
Mayor for his approval and signature. If he approves it, he shall sign it; 
if he disapproves it, he shall specify his objection thereto in writing by 
the next regular meeting of the City Council, and return the same to the 
City Council, with such disapproval. If he does not return it with such 
disapproval, nor sign it, it shall upon the expiration of the time for its 
return to the City Council with his disapproval, be in effect and force, the 
same as if he had approved it. 


The City Council may, in case of the veto of any ordinance or resolution 
by the Mayor, pass the same over the veto of the Mayor by a majority 
vote, but in all such cases the Mayor shall not be deprived of his right to 
vote as a member of the City Council by reason of the veto. In case the 
Mayor’s veto is sustained, the matter shall not again come before the 
Council within six months, but in ordinances or resolutions making ap- 
propriations, the Mayor may veto any or every item therein, but such 
veto shall only extend to the items so vetoed, and those which he approves 
shall become effective, and those which he disapproves shall not become 
effective, unless passed over his veto in the manner above specified. 


Sec. 7. General Powers of the Mayor—The Mayor shall have and exer- 
cise such powers, prerogatives and authority, acting independently of or 
in concert with the City Council, as are conferred by the provisions of 
this act, or aS may be conferred upon him by the City Council, not in- 
consistent with the general purposes and provisions of this Charter, and 
shall have the power to administer oaths, and shall sign all contracts and 
shall have the right and authority at any time to remove any officer or 
employee of the city subject to the provisions of this act; provided, how- 
ever, he shall not have the right to remove one of the Aldermen of the 
city or the Controller, except by acting in concert with the other Alder- 
men as the City Council. 


In case of the disability or absence of the Judge of the Corporation 
Court, the Mayor, or in the absence or disability of the Mayor, the Mayor 
Pro Tem, shall aet as Judge of the Corporation Court. 


Sec.8. Annual Budget—It shall be the duty of the Mayor from time to 
time to make such recommendations to the Council as he may deem to be 
for the welfare of the city, and on the second Monday of March of each 
year to submit to the Council the annual budget of the current expenses 
of the city for that fiscal year, each item in which may be increased, re- 
duced or omitted by the Council, subject to the veto power of the Mayor. 


The fiscal year of the City of Houston is hereby designated, beginning 
with the first day of March of each year and closing with the last day of 
February next ensuing thereafter. 


Sec.9. Salary of Mayor—The salary of the Mayor of the City of Hous- 
ton: from and after the election and qualification of the Mayor in April, 
1915, shall be $7,500.00 per annum, payable in equal monthly installments. 

The Mayor shall devote his entire time to looking after the business and 
administrative affairs of said city, or performing such duties as may 
devolve upon, or may be incumbent upon him to perform; and if for any 


/ 


yy 


City of Houston 57 


reason, except in case of sickness, or on business of the city, the Mayor 
shall absent himself from the city and fail or refuse to perform and dis- 
charge the duties of his office for a period exceeding fifteen days, he shall 
not be allowed any compensation for such time exceeding fifteen days as 
he may fail to perform the duties of his office, but his salary shall for 
each and every day during such time, and in excess of fifteen days, be 
ratably reduced from his next monthly payment. (As amended, 1913.) 


Sec. 9. Salary of the Mayor—The salary of the Mayor of the City of Hous- 
ton shall be four thousand dollars per annum, which said salary shall be 
payable in equal monthly installments. The Mayor shall devote his entire 
time to looking after the business and administration affairs of said city, 
or performing such duties as may devolve upon or be encumbent upon him to 
perform, and if for any reason, except in case of sickness or on business for 
the city, the Mayor shall absent himself from the city or fail or refuse to 
perform and discharge the duties of his office, for a period of time exceeding 
fifteen days, he shall not be allowed any compensation for such time, exceeding 
fifteen days, as he may fail to perform the duties of his office, but his salary 
shall, for each and every day during such time and in excess of the fifteen 
days, be ratably reduced and deducted from his next monthly payment. 
(Amended; see next preceding section.) 


ARTICLE VII. 


Section1. City Council—There shall be a City Council of the City of 
Houston, which shall consist and be composed of a Mayor and four 
Aldermen, with full power and authority, except as herein otherwise’ pro- 
vided, to exercise all powers conferred upon the city subject to the veto 
power of the Mayor as hereinbefore provided. 


Sec. 2. Qualification of Aldermen—No person shall be elected an 
Alderman unless he be a citizen of the United States, and shall have been 
for five years immediately preceding such election a citizen of .the City 
of Houston, and for two years prior to his election a bona fide owner of 
real estate in said city. 


All Aldermen shall be elected by a vote of the people at large, and if 
nominated by any political party or organization as a candidate at any 
primary election, said nomination shall be made by voting for the candi- 
date at large in said city. 


No person shall be eligible to office who shall have been nominated in 
any primary election in a ward or precinct of the city, or in any manner 
which will prevent the voters at large in said city from exercising the 
privilege of voting for or against said candidate. 


Sec.3. Judge of Elections—The City Council shall be the judge of the 
election and qualification of its own members, subject to review by the 
courts, in case of contest. 


Sec.4. Restrictions Upon Members of the Council—No member of the 
City Council shall hold any other public office, or hold any office or 
employment, compensation for which is paid out of public moneys; nor 
be elected or appointed to any office created by, or the compensation 
of which was increased or fixed by the City Council while he was a 
member thereof, until after the expiration of at least one year after he 
has ceased to be a member of the City Council. Nor shall any member 
of the City Council, or any officer of the City of Houston, be pecuniarily 
interested, directly or indirectly, in any-contract let by the city, Board ‘of 
School Trustees of the Independent School District of the City of Houston, 


58 Charter of the 


on any work done py the city or by the Board of School Trustees of the 
Independent. School District of the City of Houston, nor in any matter 
wherein the rights or liabilities of the City of Houston are or may be in- 
volved; nor shall any member of the City Council, or any other officer of 
the city, be interested, directly or indirectly, in any public work or con- 
tract let, supervised or controlled, or which shall be paid for, wholly or 
in part, by the State of Texas, or any of the counties or municipalities 
therein, whether incorporated under general or special law. 


In the event any such officer of the City of Houston shall.become inter- 
ested, directly or indirectly, in any contract or work, purchase or sale 
made by the City of Houston, then the said contract or work, purchase or 
sale, shall become null and void and shall be discontinued, and new 
arrangements shall be entered into as in case of the incipiency of the 
contract or work, purchase or sale. 


Any member of the City Council, or any officer or employee of the city, 
becoming interested, directly or indirectly, as aforesaid, in any contracts, 
work, purchase or sale, by or with any of the agencies aforesaid, shall 
forfeit all right or claim to the title and emoluments of any office which 
he may happen to hold in said city, and shall be expelled therefrom by - 
the Mayor or City Council, or if they shall fail to remove said officer, 
employee or member of the City Council guilty as aforesaid, he shall 
nevertheless be subject to removal upon the action of any five citizens 
taken in one of the district courts of Harris County in such proceedings 
as are appropriate and proper, and shall in addition be guilty of misde- 
meanor or felony, as the case may be, as is or may be provided in the 
penal statutes of the State of Texas. 


Sec. 5. ‘Rules of the Council—The City Council shall determine its 
own rules of procedure, may punish its members for disorderly conduct, 
shall compel the attendance of members, and, with the concurrence of a 
majority of the members elected, may impeach a member. 


Any member of the City Council who shall have been convicted of 
bribery or who shall violate any of the provisions of this act shall forfeit 
his office and the emoluments attached thereto. 


Sec.6. Meetings of the Council—The City Council shall prescribe by 
ordinance the time and place of its meetings, and the manner in which 
special meetings thereof may be called. 


A majority of the members of the Council shall constitute a quorum to 
do business; shall sit with open doors; shall keep a journal of its own 
proceedings, which shall be public and constitute one of the archives of 
the city. 


The Council shall act only by ordinance, resolution or motion, and all 
ordinances, resolutions or motions, except ordinances making appropria- 
tions, ‘shall be confined to one subject, which shall be clearly expressed 
in the title, and ordinances making appropriations shall be confined to the 
subject of appropriation. 


The ayes and nays shall be taken upon the passage of all ordinances 
or resolutions and entered upon the journal of its proceedings, and every 
ordinance, resolution or motion shall require on final passage the affirma- 
tive votes of the majority of all the members of the City Council. 

No ordinance or resolution shall be passed finally on the date it is intro- 
duced, except in the case of public emergencies, and then only when re- 
quested by the Mayor in writing; provided that no ordinance or resolution 


City of Houston 59 


making a grant of any franchise or special privilege shall ever be passed 
aS an emergency measure. . 


Sec. 6a. Action of Council Creating Liability on City After Primary 
Elections Prohibited—From and after any primary election for nomina- 
tion of Mayor and Aldermen, or Commissioners, to be voted on at any regu- 
lar election, and until those elected at such election shall have qualified, 
if a majority of said Commissioners and Mayor be not renominated for re- 
election by the political party originally nominating them, it shall be un- 
lawful for the then existing City Council to pass any ordinance, resolution 
or motion whereby any appropriation of money is made, or any obligation 
or contract on the part of the city is sought to be created; or any franchise 
or privilege is granted, or attempted to be conferred; and any such ordi- 
nance, resolution or motion, or any action of the City Council in the 
creation of any obligation, or the grant, or attempted grant, of any fran- 
chise by such Council shall be illegal, unauthorized and void, and of no 
effect; provided, nothing herein shall prevent the City Council from 
making any such appropriation and obligation on the part of the city, or 
granting any such franchise, if a majority of said Council is nominated 
for re-election; and, provided further, that nothing herein shall prevent 
the City Council of the City of Houston from making the necessary finan- 
cial arrangements for paying the current salaries of the city officials 
and current expenses of the city government; provided, that the prohibi- 
tions hereof shall be suspended in case of a public calamity. (Added by 
amendment, 1913.) 


Sec. 7. Vacancies—In case of the death, resignation, removal from the 
city, or disqualification arising from any cause, of any Alderman, his 
office shall thereupon become vacant and an election shall be ordered by 
the City Council to elect his successor. At least twenty days’ notice of 
said election shall be given, by publication in some daily newspaper in 
the City of Houston, and said election shall be held pursuant to the pro- 
visions: of this act, or as may be required by the laws of the State of 
Texas, when not in conflict with this act. 


Sec. 8. The City Council shall, consistent with the provisions of this 
act, have power to establish any office that may in its opinion be necessary 
or expedient for the conduct of the city’s business or government, and 
may fix its salary and define its duties; provided, however, that all offices 
established by the Council shall be subject to discontinuance or be abol- 
ished by the Council at any time, and any incumbent of any office, except 
the Controller, may be removed at any time by the Mayor, with or with- 
out the concurrence of the Council; and in no case shall any officer or . 
employee of the city be entitled to receive any compensation or emolu- 
ment of any office which may be abolished, or from which he may be 
removed, except for services rendered to the date when the office was 
abolished or the incumbent removed. 


The Council shall require all officers of the city to give bond in such 
sum aS may be prescribed by ordinance, which sum shall always be of 
sufficient amount amply to protect the city. 


Sec. 9. The Mayor or the City Council, or a committee of the city duly 
authorized by it, may and it shall be their duty at any and all times to 
investigate each and every department of the city government and the 
official acts and conduct of the city officials; and for the purpose of 
ascertaining facts in connection with such investigation shall have power 


60 Charter o f the 


to compel the attendance and testimony of witnesses; to administer oaths 
and to examine such persons as they may deem necessary and to compel 
the production of books and documents. Failure to appear by any one 
when served with notice to do so shall be a contempt, which may be 
punished by fine, and in default of the payment thereof within five days, 
the person so fined may be imprisoned. Wilful false swearing in such 
investigations and examinations shall be perjury and punishable as such. 


Sec. 10. It shall be the duty of the City Council at its second meeting 
in April, or any time thereafter, of every year, to appropriate such sums of 
money respectively for each of the various departments of the city gov- 
ernment as it may deem necessary for their maintenance during the 
current year. The current fiscal year shall begin on the first day of March 
of each year, and end on the last day of February next thereafter. 


In addition to the departmental appropriations herein provided for, the 
Council shall also make such appropriations for contingent purposes as 
may be deemed necessary. The Council may also at the same or any 
subsequent time appropriate a sum not to exceed one thousand dollars 
($1,000.00) to be used by the Mayor as an emergency fund for any current 
year, and for which he shall not be required to account. 


The appropriations herein provided for shall be based upon estimates 
submitted by the Mayor in his annual budget. 


The head of each department created by the City Council shall make a 
written report to the Mayor, not later than the fifth day of March in each 
and every year, showing the operations of the department for the pre- 
ceding year. These reports shall be transmitted to the Mayor, and shall 
accompany and be made a part of the Mayor’s report to the City Council, 
which report shall be made not later than the fifteenth day of March of 
each year. 


The Mayor shall also make such recommendations to the City Council 
concerning the increase or decrease of departmental estimates as in his 
judgment ‘may best serve the interests of the city, and he shall also sub- 
mit an estimate for a general contingent fund for the current year. 


In making up the budget allowance for any current year, the City Coun- 
cil shall first make provision for the payment of the interest and the 
creation, setting aside and preservation of a legal sinking fund upon all 
of the outstanding bonded indebtedness of the city, and shall then make 
such appropriations as the remaining revenues of the city justify, to be 
apportioned among the respective departments, or otherwise appropriated 
for public uses, as to the Council may seem best; provided, however, that 
in no case shall the entire appropriation as made, which comprehends 
interest and sinking fund on the bonded debt, together With other public 
uses and purposes, ever exceed the estimated available resources, which 
shall be based upon the probable revenues of the city derived from ad 
valorem taxes upon the basis of the total valuation of the property for 
taxation for the preceding year, and of such other contingent revenues of 
the city as may probably accrue. 


It shall be deemed a malfeasance for the City Council to make an 
appropriation in the budget the sum total of which shall exceed the esti- 
mated available or probable revenues for any current “fiscal year. 


Sec.11. Business Sessions—For the purpose of conducting and trans- 
acting the ordinary business and administrative affairs of the city, the 
City Council shall be continuously in executive session, or open and ready 


City of Houston 61 


to be convened therefor at any time, and at such hours as the Mayor 
may designate, and it is hereby declared to be the duty of every member 
of the City Council to attend at all times the executive sessions which 
may be called by the Mayor, or in case of his failure to call the same, by 
a majority of the members of the City Council, whenever they deem it 
expedient to do so. 


Sec. 12. Salary—The Aldermen shall each receive a salary of twenty- 
four hundred dollars ($2,400.00) per annum, payable in equal monthly in- 
stallments, and shall devote their entire time to the service of the city, 
and shall perform all of the duties required by this act, and such other 
administrative duties as may be allotted or designated by the Mayor 
from time to time. 


The Council may remove at any time any Alderman by majority vote, 
for inattention to the affairs of the city, misconduct, or any grounds suffi- 
cient in judgment of the Council for removal. 


ARTICLE Vila. 
Recall of Officers. 


Section1. Scope of 'Recall—The holder of any public office in the City 
of Houston, whether elected thereto by the people or appointed by the 
City Council, may be removed from office by recall. 


Sec. 2. All petitions for recall of any officer of the City of Houston shall 
be instituted by filing with the City Secretary of a verified written petition 
requesting the removal of such officer, which said petition shall be signed 
by the qualified electors of the City of Houston, in number not less than 
25 per cent of the total vote cast at the democratic primary for the 
nomination of Mayor and Commissioners next preceding the filing of said 
petition. The signers of said petition shall also set opposite their re- 
spective names the number of his residence, naming the street, and shall 
also state the day of the month and the year when such signature was 
affixed. 


Sec. 3. Form of Petition—The form of petition above provided for shall 
be as follows: 


To the Mayor and City Council of the City of Houston. 


We, the undersigned hereto, who are qualified voters of the City of 
Houston, request the removal of............. Tron ChegOeriCe: OF Oa... se 4): 
(petition shall set forth distinctly and specifically grounds showing or 
tending to show some ground of incompetency or unfitness for or mis- 
conduct or malfeasance in the office, upon which the petition for removal 
is predicated, and if there be more than one ground, shall specifically state 
each ground with such certainty as to give the officer sought to be re- 
moved notice of the matters and things which he will be called to answer, 
and if the officer sought to be recalled was nominated at a primary the 
petition shall state that each signer participated in such primary). Said 
petition shall be signed by the requisite number of voters as provided by 
Section 2 of this Article. Each signature to said petition shall be proved 
or acknowledged as required of petitioners by Article IX, Section 3, of 
this charter, or shall be verified as follows: 


Btiateso, “exas- County’ Of Harris. iiss. Sate oo , being first duly 
sworn, on oath depose and say that I am one of the signers of the above 


62 Charter of the 


petition; that the statements made therein are true, and that each signa- 
ture appearing thereto was made in my presence on the day and.date it 
purports to have been made, and I solemnly swear that the same is a 
genuine signature of the person whose name it purports to be. 


se 0:0. (@ © oe: 0.8 @ ‘a 0 0 © 0 658 0 6.9) 6 © ese (610! (48 Je 786 ve) aus: 


0 ete 4e 0 10) de, Yor is! 6 fe tee a! 6 fe) oie! 16) le eye 10 8) (ese fel <@, 68 


Notary Public in and for Harris County, Texas. 


Séc. 3a. Various Papers, Certifications, Filing—The petition may con- 
sist of one or more papers circulated separately, and the signatures there- 
to may be upon the paper or papers containing the formal petition, or upon 
other papers attached thereto; each signer of a petition shall sign his 
name in ink or indelible pencil. The verification may be made by one or 
more petitioners, and the several parts of the petition may be verified 
separately and by different persons, but no signature to such petition 
shall remain effective or be counted which was placed thereon more than 
thirty days prior to the filing of such petition or petitions with the City 
Secretary. All papers and documents comprising a single petition shall 
be filed with the Secretary on the same day, and the Secretary shall 
immediately notify in writing the officers sought to be removed. 


Sec.4. Objection to Petition—Within ten days after the filing of peti- 
tion the incumbent whose removal is requested shall file with the City 
Secretary his objection in writing to the sufficiency of such petition, and 
he can not thereafter contest its sufficiency upon any objection not so 
filed. Within five days after exceptions have been filed, if the petition is 
filed to remove an appointee of the Council, then the City Council shall 
sit as a body to hear and determine the sufficiency of the objections, and 
the exceptions shall be sustained in the particulars in which the same 
are held to be sufficient and the signers of said petition may amend said 
petition to meet the requirements of the ruling of the Council, and if the 
said objections go to the form and manner of the charges preferred it shall 
be necessary for said petition to be recirculated and signed anew, but if 
the objections go to the number of the signers, or the genuineness of the 
signatures, or the fact of the party signing being a qualified voter, and are 
sustained, then said petition shall be dismissed and the parties may imme- 
diately reinstitute a petition to remove said party. F 


Any member or members of the City Council against whom a petition 
is directed shall not be eligible to act in the matter of the determination 
of the sufficiency of said objections, but the remainder of said Council, i¢ 
constituting a majority, shall serve and act therein, and a majority of the 
votes of those members of the Council acting on the sufficiency of the 
petition shall control; provided, that should the petition be directed 
against a majority of the members of the City Council then same shall 
be presented to and acted upon by one of the district judges of Harris 
County, Texas, whose decision on the sufficiency of said petition shall 
be final, and who, if he shall sustain said petition, shall order the Council 
to call the recall election to be held as provided in Section 7 hereof. Any 
exceptions or objections to the sufficiency of the petition must be specifi © 
and definite, and no general objections will be entertained. \ 


Sec.5. The Certificate of the Secretary—Within ten days after the 
date of the filing of the petition the City Secretary shall certify to the 


City of Houston 63 


facvilicmcemeads 


City Council the number of votes cast at the democratic primary for nom- 
ination of Mayor and Commissioners next preceding the filing of said 
petition, and shall certify the number of signers of said petition, and 
shall present such petition and certificate to the Council. 


Sec.6. Amendment of Petition—If the petition is insufficient in respect 
to the matters charged against the officer sought to be removed, it may be 
withdrawn by the person filing it, and amended as many times as desired 
within twenty days of the time when objections are sustained thereto. 
The duty of the Secretary shall be the same with respect to any amende 
petition as with the original petition. . 


Sec.7. Calling of Election. Twenty-five Per Cent. of the Electors at 
Democratic Primaries in City Must Sign Petition—If the petition be 
signed as herein provided by qualified electors equal to 25 per cent of the 
total vote cast at the democratic primary for the nomination of Mayor 
and Commissioners, next preceding the filing of such petition, and if it 
set forth the grounds of objection as provided in Section 3 hereof and 
same is not declared insufficient upon objection thereto, as provided in 
Section 4 hereof, the Council within ten days after the final certification 
of the Secretary, unless the incumbent sought to be removed resigns 
within five days after such final certification, shall order a special election 
to be held on a day fixed in such order not less than forty days nor more 
than fifty days from the date of such final certification; provided, that if 
any municipal election is appointed to occur within ninety days from such 
final certification, the recall election shall not be held. 


Sec.8. Result of Election, Petition to Recall—If the person sought to 
be removed shall at said election be recalled, his tenure of office shall 
terminate upon the determination of the result of the election by the City 
Council, who shall examine, count and canvass the returns and declare 
the result as elsewhere provided in this Charter for other elections; and, 
if an appointed officer, his successor shall at once be appointed by the . 
Mayor and City Council, as provided in this Charter, and if an elective © 
officer, provision shall at once be made for the eiection of a successor to 
fill the vacancy, as elSewhere provided in this Charter. 


Sec. 9. Qualification of Recalled Officers—Any officer removed from 
office by recall election, or who shall resign from said office pending 
recall proceedings against him, shall not be appointed or elected to any 
city office or appointment within two years after his removal or resigna- 
tion. 


Sec.10. Joinder of Several Officers in One Petition—Two or more © 
officers subject to recall, as provided for in this amendment, may be 
joined in one petition for removal, and one election may be held therefor. 


Sec. 11. No petition for the recall of any officer shall be filed until eight 
months after the election or appointment and the qualification of such 
officer, nor shall there be more than one recall election in any one cal- 
endar year. (Added by amendment, 1913.) 


ARTICLE VIIb. 
Legislation by the People—Initiative and Referendum. 


Section1. General Power—The people of Houston, in. addition to the 
method of legislation hereinbefore provided, shall have the power of direct 
legislation by the initiative and referendum. 


64 Charter of the 


Sec.2. The Initiative—The initiative shall be exercised in the following 
manner: 


(a) Petition—A petition signed and verified in the manner and form 
required for recall petition in Article Vila by qualified electors equal to 15 
per cent of the total vote cast at the democratic primary for the nomina- 
tion of Mayor and Commissioners, next preceding the filing of said peti- 
tion, accompanied by the proposed legislation or measure in the form of a 
proposed ordinance or resolution, and requesting that such ordinance or 
resolution be submitted to a vote of the people, if not passed by the 
Council, shall be filed with the Secretary. 


(b) Secretary’s Certificate—Within five days after the filing of such 
petition the Secretary shall certify the number of votes cast at the demo- 
cratic primary for nomination of Mayor and Commissioners, next preced- 
ing the filing of said petition, and the number of signers of such petition, 
and shall present said certificate, petition and proposed ordinance or 
resolution to the Council. ; 

(c) Action by the Council upon Petition—If such petition be signed, 
as in the Charter provided, by qualified electors equal to 15 per cent of 
the total vote cast at the democratic primary for the nomination of Mayor 
and Commissioners next preceding the filing of such petition, the Council, 
within ten days after the receipt thereof, except as otherwise provided in 
this Charter, shall either pass such ordinance or resolution without altera- 
tion, or submit it to the popular vote at a special election, which must be 
held within thirty days after the date of the ordering thereof; provided, 
however, that if any other municipal election is to be held within sixty 
days after the filing of the petition said proposed ordinance or resolution 
shall be submitted without alteration to be voted upon at such. election. 


Sec. 3. Referendum—If prior to the date when an ordinance or reso- 
lution shall take effect, or within thirty days after the publication of 
same, a petition signed and verified, as required in Section 2-a hereof, 
by the qualified voters equal in number to 10 per centum of the total vote 
cast at the democratic primary for the nomination of Mayor and Com- 
missioners next preceding the filing of said petition, as hereinbefore pro- 
vided, shall be filed with the Secretary protesting against the enactment 
or enforcement of such ordinance or resolution, it shall be suspended 
from taking effect and no action theretofore taken under such ordi- 
nance or resolution shall be legal and valid. Immediately upon the fil- 
ing of such petition the Secretary shall do all things required by Sec- 
tion 2-b of this Article. Thereupon the Council shall immediately re- 
consider such ordinance or resolution and, if it does not entirely repeal 
the same, shall submit it to popular vote at the next municipal election, 
or the Council may, in its discretion, call a special election for that pur- 
pose; and such ordinance or resolution shall not take effect unless a 
majority of. the qualified electors voting thereon at such election shall 
vote in favor thereof. 


Sec. 4. Submission by the Council—The Council, of its own motion, 
may submit to popular vote for adoption or rejection or repeal at any 
election any proposed ordinance or resolution or measure, in the same 
manner and with the same force and effect as provided in this Article 
for submission on petition. 


Sec. 5. Form of Ballots—The ballots used when voting upon such 


City of Houston 65 


———< << 


proposed and referred ordinances, resolutions or measures shall set forth 
their nature sufficiently to identify them, and shall also set forth upon 
separate lines the words “for the ordinance” and “against the ordinance,” 
or “for the resolution” and “against the resolution.” 


Sec. 6. Publication of Ordinance, Etc. Notice of Election—The Secre- 
tary shall publish, at least once, every proposed or referred ordinance 
or resolution in some daily newspaper in the City of Houston, within 
fifteen days before the date of the election; and shall have such other 
notices, and do such other things relative to such election, as are re- 


quired in general municipal elections, or by the ordinance calling said 
election. 


Sec. 7. Adoption of Ordinance—!f a majority of the qualified electors. 
voting on any proposed ordinance or resolution or measure shall vote 
in favor thereof the same shall thereupon or at any time fixed therein 
become effective as a law or as a mandatory order to the Council. 


Sec. 8. Inconsistent Ordinances—If the provisions of two or more 
proposed ordinances or resolutions approved at the same election are in- 
consistent, the ordinance or resolution receiving the highest number 
of votes shall prevail. 


Sec. 9, Repeal or Amendment of Ordinances Passed by. the People— 
No ordinance or resolution, which has been passed by tthe Council upon 
a petition, or adopted by popular vote, under the provisions of this Ar- 
ticle, shall be repealed or amended, except by the Council in response 
to a referendum petition or by popular vote thereon. 


Sec. 10. Number of Elections—There shall not be held under this 
Article more than one special election in any period of six months. 


Sec. 11. Regulations by Council—The Council, by ordinance, may make 
other and further regulations for carrying out the provisions of this Ar- 
ticle not inconsistent herewith. 


Sec. 12. Nothing herein shall be construed to in any wise affect, im- 
pair or repeal Sections 17 and 18 of Article II or any other provision 
of the charter affecting the granting of franchises or privileges or the 
referendum thereon, but the same shall continue to remain in full force 
and effect as though this article had not been adopted. (Added by amend- 
ment, 1913.) 


ARTICLE VIII. 
City Controller. 


Section 1. Controller. Manner of Election—There shall be elected at 
the regular election in April, A. D. 1915, and every two years thereafter, 
a’ Controller, who shall receive a salary of $3,600.00 per annum, payable 
in equal monthly installments, and shall make a bond in the sum of 
$10,000.00 conditioned as the Council may require, and who shall hold 
office for the term of two years, or until his successor is elected and 
qualified in the manner prescribed herein, and who shall not be removed. 
from office except by impeachment proceedings as provided for in the 
case of the Mayor and City Commissioners, or by recall as herein pro- 
vided for in this Charter; provided, that until the election and qualifica- 


66 Charter of the 


tion of a Controller to be elected in 1915, the office of Controller shall 
be subject to the appointment, removal and control of the City Council, 
and his salary shall be such as the City Council may fix. (As amended, 
1913.) 


Section 1. Manner of Election—The City Council shall at its first meeting 
in May, 1906, or as soon thereafter as it may be disposed to do so, and bi- 
ennially thereafter, elect a Controller, who shall hold his office for two years 
or until his successor is elected and qualified in the manner prescribed above, 
and who shall not be removed except by impeachment proceedings of the City 
Council, at which proceedings he shall be given ample opportunity to be heard, 
and may be represented by counsel, with the right to Summon witnesses and 
compel the production of books and papers upon process duly issued by the 
City Council. 

It shall require a majority vote of all the members of the City Council, 
which shall be a matter of record, to impeach the Controller. (Amended; see 
next preceding section.) 


Sec. 2. Duties of the Controller—It shall be the duty of the Controller 
to superintend and supervise the fiscal affairs of the City of Houston, 
and to manage and. conduct the same as prescribed by this Charter and 
the ordinances of the City of Houston that are now or may be hereafter 
enacted, and said Controller shall prepare and publish in some news- 
paper in the City of Houston, not later than the 5th day of each month, 
a statement of the preceding month’s expenses, which statement shall 
show the total amount paid in monthly salaries to all the employees in 
each department of the city, and shall also show the amount paid on the 
weekly pay roll to all persons working for the city by the week or day, 
and shall also show the cost of maintaining each department of the city 
government, and the total amount of each month’s expenses so incurred; 
said statement shall also show the cost of improvement and extension 
work not properly classed as current expenses and not done under con- é 
tract with outside parties, and shall show all other extraordinary ex- 
penditures, for interest on bonds, payments on bonds, etc., which state- 
ment shall be signed and sworn to by said Controller, and he shall permit 
any qualified elector at all reasonable hours to examine or inspect the 
books of the city, furnishing such party all reasonable assistance therein, 
and the Council shall pass suitable ordinances to enforce this section and 
provide suitable penalties. (As amended, 1913.) 


Sec. 2. Duties of the Controller—It shall be the duty of the Controller to 
superintend and supervise the fiscal affairs of the city, and to manage and 
conduct the same as prescribed by this act. He shall give bond in such sum 
as may be fixed by ordinance, conditioned that he will faithfully and honestly 
perform and discharge the duties of the office as the same are herein defined, 
or aS may be prescribed by ordinances not inconsistent with the provisions of 
this act. (Amended; see next preceding section.) 


Sec. 3. Books of Account—It shall be the duty of the Controller to 
keep books of account of the City of Houston, and to make such financial 
reports and statements as are provided by the terms of this act. _ His 
books of account shall exhibit accurate and detailed statements of all 
moneys received and expended for account of the city by all city of- 
ficials and other persons, and shall show in detail the property owned 
by the city and the income derived therefrom. 


He shall also keep separate accounts of each and every appropriation 
made by the City Council, showing the date thereof and the purpose for 
which the same is made, and shall show for what each payment of any 
public money is made and the manner of making the same, and to whom 
same is made. 


City of Houston 67 


He shall keep a separate account with each department of the city 
government, and also such other accounts as may be necessary to show 
a complete financial statement of the city, and he shall be prepared at 
every regular meeting of the City Council to give such information con- 
cerning the finances of the city as the Council may require. 


All warrants or orders for payment of any public fund or moneys for 
any purpose shall be signed by the Controller and the Mayor. No war- 
rant not signed by the Controller shall be authority for the payment of 
any public funds whatever, but the Controller shall in no instance, unless 
the money is in the treasury and in the fund against which it is drawn, 
sign any warrant or order for the payment of any sum or amount for 
any purpose; provided, however, that nothing herein contained shall 
prevent the issue and sale of warrants to anticipate the current revenue 
for any one year, which said warrants shall bear such rate of interest, 


not exceeding five per cent, as the City Council by ordinance may pre- 
scribe. 


He shall not sign any contract nor make or execute any warrant or 
order for the payment of any sum of money, unless the same be legal, 
and all prerequisites and requirements shall have been complied with, 
nor until after an appropriation has been duly and legally made therefor. 


He shall, whenever deemed necessary, require all accounts presented 
to him for settlement or payment to be certified by affidavit, and he is 
hereby authorized to administer oaths, with authority to compel and re- 
quire persons to answer such questions as may be propounded to them 
touching the correctness of any account or claim against the city. He 
shall require all persons who shall have received any moneys belonging 
to the city, and not having accounted therefor, to settle their ac- 
counts, and it is hereby made his duty from time to time to require all 
persons receiving moneys, or having the disposition or management of 
any property of the city of which an account is kept in his office, to 
render statements thereof to him; provided, that no warrant or order 
shall ever be issued in favor of any person or corporation, or to the as- 
signee or agent of any person indebted in any manner for taxes or other- 
wise to the city, unless such debt so due and owing to the city be paid. 


No disbursing officer of the city, nor any one having money in his pos- 
session for the account of the city, shall pay the same to any person or 
persons for the account of the city, except to the regularly designated 
officer or custodian of the public funds for the city, except upon draft 
or warrant countersigned by the Controller of the City of Houston, and 
signed by the Mayor; and the Controller shall not countersign any such 
draft or warrant until he has audited and examined the claim and found 
the same justly and legally due and payable, and that the payment has 
been legally duthorized, and appropriation therefor made, and that the 
appropriation has not been exhausted. 


Sec. 4. Annual Report—The City Controller shall, on or before the 
fifteenth day of March in each year, prepare and transmit to the City 
Council a. report of the financial transactions of the city during the 
fiscal year ending the last day of February next preceding, and of its 
financial condition on the said last named day in February. The report 
shall contain an accurate statement in summarized form and also in 
detail of the financial receipts of the city from all sources and the ex- 
penditures of the city for all purposes, together with a detailed state- 
ment of the debt of said city, and the purposes for which said debt was 


68 Charter of the 


incurred, and of the property of said city, and of the accounts of the 
city with the grantees of franchises. 


In addition to the annual statement herein required and of the re- 
ports which may be demanded by the Council at any time, it is espe- 
cially made the duty of the Controller to be able to show at any time, 
and certainly upon or immediately after the first of each month, a com- 
prehensive and accurate statement of the financial affairs of the City 
of Houston, and if any officer of any department or any employee of 
the city shall fail to make such stated or stipulated reports as and at 
the’ times required either by the Mayor or the City Council, it shall 
be the duty of the Controller to report such delinquency or failure to 
the Mayor, and further to state at any time any carelessness or negli- 
gence of any officer or employee in the making or stating of reports 
covering any matter within the range of the duty of said officer or 
employee. 


Sec. 5. Right to Examine the Books of the-Grantees of Public Fran- 
chises—The City of Houston shall have the right to regulate the rates, 
fares, tolls and charges to be collected from the public by the holders, own- 
ers, operators, persons or incorporations enjoying any grants or franchises 
from the City of Houston, pertaining to public utilities, including furnish- 
ing of lights, water, telephones and street car service, etc., pertaining 
to a public or quasi public duty, and the right and authority is hereby 
given to the Mayor or to the City Council to require the City Controller 
or such other officer or employee as may be designated, to examine, 
carefully inspect all of the books, accounts, papers and documents, as 
well as the property of such persons or corporations using and enjoying 
any of said grants or franchises from the City of Houston as above 
stated, and to make such reports of said examination as required by the 
Mayor or City Council, when deemed necessary, for the following pur- 
poses: 


1. When such franchise or grant was made upon the consideration 
and agreement that the City of Houston should receive a per cent. or 
portion of the revenue derived from the use of said grant or franchise. 


2. When the persons or corporations above referred to have listed 
their property for taxation at a valuation deemed by the City Council 
or the Mayor to be below its actual value, or fails to list the same for 
taxation. 


3. When the City Council desires to fix the rates, fares, tolls and 
charges which said persons or corporations above described shall charge 
the public for water, lights, transportation or other services rendered 
or furnished under the franchises granted to it or them by the City 
of Houston, and the information is desired or deemed necessary by 
the Mayor or City Council as a basis upon which to fix a proper rate. 


4, When the Mayor or City Council have directed the individuals 
or corporations above specified to extend their lines and service, or 
to improve their service in any manner necessary for the public com- 
fort and convenience, or to make improvements and betterments of 
their property, and such persons or corporations demur thereto on 
the ground that the income from their property used under said fran- 
chise is not sufficient to justify the same. 

Such examinations and reports provided for in this section are for 
the purpose of ascertaining the value of the property and the income 
derived from it, and the reasonable expense for its operation. 


City of Houston 69 


Sec. 6. Reports of Owners of Franchises—It is hereby made the duty 
of every person, firm or corporation, assignee, trustee or receiver, own- 
ing, operating or controlling any property under a franchise or grant 
from the City of Houston to make and submit to the City Council of the 
City of Houston, within 60 days after the first day of January of each 
and every year, an annual report in writing, verified under oath by such 
person, firm, or the president, treasurer, general manager, trustee, 
assignee or receiver of such corporations, which said report shall con- 
tain a complete statement of the financial condition of said person, 
firm or corporation, or assignee, trustee or receiver, including the au- 
thorized capital stock, the amount of stock issued and outstanding, the 
bonded indebtedness, if any, the indebtedness of any and all kinds, the 
assets of any and all kinds, including personal property and real estate, 
the earnings, gross and net, the operating and other expenses, and all such 
other detailed information as may be prescribed from time to time by the 
City Council by ordinance; and every such person, firm or corporation, 
assignee, trustee or receiver shall also be required, whenever requested by 
the City Council, within 30 days thereafter, to make such other and further 
reports and to give such other and further information as may be re- 
quired by said City Council from time to time in regard to their said 
business. 


Any such person, firm or corporation, assignee, trustee or receiver who 
shall fail or refuse to make the annual report herein provided for, or fail 
or refuse to furnish any such information as may be requested by the 
City Council as herein provided for, or make a report false in any 
material particular, or fail or refuse to permit the examination provided 
for in Section 5 of this Article, shall forfeit and pay to the City of 
Houston the sum of fifty dollars per day for each and every day during 
which he or it shall so fail or refuse to make and submit such annual 
report, or give such information as may be requested, or permit a report 
false in any material particular to remain on file uncorrected, or refuse 
to permit the examination provided for in Section 5 of this article, which 
said sum may be recovered by the City of Houston in any court of 
competent jurisdiction. That in addition to such penalty or penalties the 
City Council shall, in the event of a failure or refusal to make such 
annual report, or to give additional information, or to permit such ex- 
amination, or to allow to remain on file a report false in any material 
particular, pass appropriate ordinances forfeiting the franchise of such 
person, firm, corporation, assignee, trustee or receiver. 


That the City Council, in addition to the foregoing penalties provided 
for, may pass such ordinances as it may deem necessary to enforce the 
provisions of this section, and fix a penalty for the violation hereof in 
any sum not exceeding one hundred dollars, and provided that each and 
every day that such failure or refusal continues, or such false report is 
allowed to remain.upon file, shall constitute a separate and distinct 
offense, and provide in such ordinances that the officers, servants and 
agents of any such person, firm or corporation, or assignee, trustee or 
receiver having the custody, management and control of said franchise 
and its books and property shall also be deemed the owners and oper- 
ators and controllers of such franchise, and they, as well as such per- 
sons, firms or corporations, trustees, assignees or receivers, shall be 
guilty of violation of such penal ordinances as may be passed hereunder. 
(Added by amendment, 1913.) 


70 Charter of the 


ARTICLE IX. 
General Provisions. 


Section 1. Actions by Citizens—Any citizen who is a property tax- 
payer’ of the City of Houston may maintain an action in the proper 
court to restrain the execution of any illegal, unauthorized or fraudu- 
lent contract or agreement on behalf of said city, and to restrain any 
disbursing officer of said city from paying any illegal, unauthorized or 
fraudulent bills, claims or demands against said city, or any salaries or 
compensation to any person in its administrative service whose ap- 
pointment has not been made in pursuance of the provisions of law 
and the regulations in force thereunder. And in case any such illegal, 
unauthorized or fraudulent bills, claims or demands, or any such salary 
or compensation, shall have been paid, such citizen may maintain an 
action in the name of said city against the officer making such pay- 
ment and the party receiving the same, or either, or both, to recover 
the amount so paid, and such amount, after deducting all expenses of 
the action, shall be paid into the city treasury; provided, however, that 
the court may require such citizen to give security to indemnify the 
city against costs of court, unless the court shall decide that there 
was reasonable cause for bringing the action. The right of any prop- 
erty taxpayer of the city to bring an action to restrain the payment of . 
compensation to any person appointed to or holding any office, place 
or employment in violation of any of the provisions of this act, shall 
not be limited or denied by reason: of the fact that said office, place or 
employment shall have been classified as, or determined to be, not sub- 
ject to competitive examination; provided, however, that any judgment 
or injunction granted or made in any such action shall be prospective 
only, and shall not affect payments already made or due to such persons by 
the proper disbursing officers. 


In case of any unsatisfied judgment, or any suit or process of law 
against said city, any five or more citizens who are freeholders of said 
- city shall, upon petition, accompanied by affidavit that they believe that 
injustice will be done to said city in said suit or judgment, be permitted 
to intervene and inquire into the validity of said judgment, or defend said 


suit or action as fully and completely as the officers of said city would by 
law have the right to do. 


Sec. 2. Elections—That in each voting precinct of the city, as the same 
may be legally defined, shall be established and arranged at least one 
voting place, and where two or more voting places are established they 
shall be so located as to be most convenient to the greatest number of 
voters, with a distinct set of election officers, ballot boxes and registration 


books for each voting place; provided, the voter shall vote in the district 
or precinct of his residence. 


The City Council shall make all necessary regulations concerning elec- 
tions; the manner and method of holding the same. Such regulations, 
however, shall be in keeping with the provisions of this act, and shall be 
in keeping with and consistent with the provisions of the State law appli- 
cable to elections in municipalities, in so far as the same may be prac- 
ticable, and the City of Houston shall provide for the examination and 
counting of the returns of elections, declarations of the result thereof 
and the issuance of proper certificates to the successful candidates; and 


4 


City of Houston Th 


it is hereby made the duty of the Council to examine and count the re- 
turns at its first regular meeting after the election shall be held, or if no 
regular meeting shall be held within one week after an election is held, 
it is hereby made the duty of the Mayor to call a special meeting of the 
Council for the purpose of counting the vote and determining the result 
of the election within one week after the election is held, and the officers 
declared to be elected at such election shall be entitled to qualify 
immediately after the declaration of the result of the election upon taking 
the oath of office prescribed by law. 


The City Council may, consistent with the other provisions of this act, 
and conforming to all the provisions of the State law regulating primary 
elections in cities and towns, in so far as the same may be applicable, 
prescribe the manner and method of holding primary elections by all 
political parties or political organizations of any kind whatsoever, and 
to determine the rules that shall obtain with respect to the representation 
the respective parties or candidates may be entitled to at the polls; may 
prescribe an official ballot, official returns, etc., and the expense of all 
primary elections held.for the purpose of nominating candidates of any 
political party or organization for city officers shall be borne and paid for 
by the City of Houston. 


Sec. 3. Petitions—The petitions provided for in this act need not be 
on paper, and’ may be printed or written, but the signatures thereto must 
be the autograph signatures of. the persons whose names purport to be 
signed. To each signature the house address of the signer must be added, 
and the signature must be made, acknowledged or proved before an officer 
authorized by law to take acknowledgments and proof of deeds. The cer- 
tificate of such officer under his official seal that a signature was so made 
and acknowledged or proved shall be sufficient proof of the genuineness 
of the signature for the purposes of this act. The signing of another’s 
name, or of a false or fictitious name, to a petition, or the signing of a, 
certificate falsely stating either that a signature was made in presence of 
the officer or acknowledged or proved before him, shall be punishable as 
a forgery. 


Sec. 4. Public Act—That this act shall be deemed a public act, and 
judicial notice shall be taken thereof in all courts. 


Sec. 5. Existing Ordinances—All ordinances of the City of Houston, not 
inconsistent with the provisions of this Charter, shall remain in full 
force and effect until altered, amended or repealed by the City Council; 
provided, that the power to pass such ordinances under former charters 
has not been repealed expressly or impliedly by the terms of this act. 


Sec. 6. The Present Officers—All elective officers elected at the last 
regular city election, except the Mayor, Aldermen and City Attorney, 
unless sooner removed by the Mayor or City Council for cause, shall retain 
their offices and receive the pay at present provided, until two years have 
expired from and after the date of their election and qualification in 
April, 1904. 

All appointive officers, or all officers whose positions are created by 
charter or ordinance, not elected by the people, shall hold their offices 
and continue in the service of the city subject to the will and pleasure of 
the Mayor. 


Sec.7. Printed Ordinances as Evidence—All ordinances of the City of 
Houston published in book or pamphlet form, and purporting to be pub- 


72 Charter of the 


lished “By Authority of the City Council of the City of Houston,” shall be 
received by all the courts of the State of Texas as prima facie evidence 
of the due passage and publication of such ordinancés as appear therein; 
provided, that no person shall be precluded from showing by competent 
evidence that any ordinance published ‘By Authority of the City Council 
of the City of Houston,” as aforesaid, is not a true copy of the original 
ordinance. 


Sec. 8. City Not Required to Give Bond—lIt shall not be necessary in 
any action, suit or proceeding in which the City of Houston is a party for 
any bond, undertaking or security to be demanded or executed by or on 
behalf of said city in any of the State courts, but all such actions, suits, 
appeals or proceedings shall be conducted in the same manner as if such 
bond, undertaking or security had been given as required by law, and 
said city shall be just as liable as if security or bond had been duly 
executed. 


Sec.9. Public Property Exempt From Execution Sale—The property, 
real and personal, belonging to the City of Houston shall not be liable to 
be sold or appropriated under any writ of execution, nor shall the funds 
belonging to the city in the hands of any person be liable to garnishment, 
nor shall the city or any of its officers or agents be required to answer 
any writ of garnishment served upon or issued against it, and a failure to 
do so shall not entail any liability upon the city, but if the Mayor of the 
city elects so to do, he may answer in a writ of garnishment for the city, 
in his discretion. 


Sec. 10. No person shall be an incompetent judge, justice, witness or 
juror by reason of his being an inhabitant or a freeholder, or a taxpayer 
of the City of Houston, in any action or proceeding in which said city may 
be a party at interest, and all officers and employees of said city shall be 
exempt from jury service. 


Sec.11. Notice of Claim for Damages—Before the City of Houston 
shall be liable for damages for personal injuries of any kind, or for in- 
juries to or destruction of property of any kind, the person injured, or 
the owner of the property injured or destroyed, or some one in his behalf, 
shall give the Mayor and City Council notice in writing of such injury or 
destruction, duly verified, within 90 days after the same has been sus- 
tained, stating in such written notice when, where and how the injury or 
destruction occurred, and the apparent extent thereof, the amount of 
damage sustained, the amount for which claimant will settle, the actual 
residence of the claimant by street and number at the date the claim is 
presented, and the actual residence of such claimant for six months 
immediately preceding the occurrence of such injuries or destruction, and 
the names and addresses of the witnesses upon whom he relies to estab- 
lish his claim, and a failure to so notify the Mayor and City Council with- 
in the time and manner specified herein shall exonerate, excuse and 
exempt the city from any liability whatsoever, provided that nothing 
herein shall be construed to effect or repeal Section 12 of Article IX of this 
Charter. (As amended, 1913.) 

Sec. 11. Before the City of Houston shall be liable for damages for personal 
injuries of any kind, the person injured or some one in his behalf shall give 
the Mayor or City Council notice in writing of such injury within ninety days 
after the same has been sustained, stating in such notice when, where and 
how the injury occurred, and the apparent extent thereof, and the failure to 
so notify the city within the time and manner specified herein shall exonerate, 


excuse and exempt the city from any liability whatsoever. (Amended; see 
next preceding section.) 


City of Houston 13 


Sec. 12. Liability and Negligence—The City of Houston shall not be 
liable to any person for damages caused from streets, ways, crossings, 
bridges, culverts or sidewalks being out of repair from negligence of 
said corporation unless the same shall have remained so for ten days after 
special notice in writing given to the Mayor or City Council. 


Sec. 13. Pleading Ordinances—It shall be sufficient in all judicial pro- 
ceedings to plead any ordinance of the city by caption, without embodying 
the entire ordinance in the pleading, and all printed ordinances or codes 
of ordinances shall be admitted in evidence in any suit, and shall have the 
same force and effect as the original ordinance. Certified copies of ordi- 
nances may also be used in evidence. 


Sec. 14. This act must be deemed a public act and judicial notice shall 
be taken thereof in all courts. 


Sec. 15. Ownership and Regulation of Public Utilities—The right is 
hereby granted to the City of Houston to acquire its public utilities, such 
as gas, water and electric light works, and underground, surface and ele- 
vated street railways, subways, or underground conduit systems for elec- 
tric light, power, telephone, telegraph and other wires used for the 
purpose of transmitting any electric service. That such utilities may be 
purchased by a payment in cash of twenty-five per cent of such price, the 
balance in annual installments, including interest, to be paid out of the 
revenues of such utility, and that such works so purchased shall stand 
pledged as security for the payment of the amount due thereon, but that 
no judgment shall be rendered against the city upon any deferred note, 
requiring the city to pay any specified sum of money, but said judgment 
shall be merely one of foreclosure, divesting and depriving the city of the 
possession of the property so purchased but not paid for, in which event 
the city shall forfeit and lose only the cash payment of twenty-five per 
cent of the agreed price, without liability or judgment in any sum for the 
unpaid purchase price; provided, that no purchase or expenditure shall be 
made under this section unless the same shall first have been submitted 
to the vote of the qualified tax-paying voters at an election to be held 
exclusively for that purpose. 


And the right is hereby expressly granted to the City of Houston to regu- 
late all public utilities in said city and to require efficiency of public serv- 
ice, and to require all persons or corporations to discharge the duties and 
undertakings for the performance of which the respective franchises 
were made. 


Sec. 16. Improvement Districts—The City Council may, and upon peti- 
tion shall, divide the city or any portion of the corporate territory thereof, 
into “Improvement Districts,’ clearly defining the limits and boundaries 
of each district; and shall have the right, and is hereby authorized to 
borrow money on the credit of any improvement district so created in the 
city, and issue bonds therefor for the purpose of constructing and laying 
permanent sidewalk improvements, or permanent street paving improve- 
ments, or both, in such district, but every proposition to borrow money on 
the credit of any improvement district for permanent sidewalk improve- 
ments or street improvements, or both, therein shall be submitted to the 
qualified tax-paying voters living within and owning property in such dis- 
trict, and shall distinctly specify the purpose for which the loan is desired, 
and the permanent sidewalk or street improvements, one or both, pro- 
posed to be constructed. If said proposition be sustained by a majority 


74 Charter of the 


of the votes cast in such election in such district, such loan shall be lawful. 
All bonds shall specify for what purpose they are issued, shall bear in- 
terest at a'rate not greater than 6 per cent per annum, and, when sold, 
shall net not less than par value, with accrued interest to date of pay- 
ment of the proceeds into the city treasury, and such bonds may be nego- 
tiated in lots, as the City Council may direct. No debts shall be con- 
tracted for the payment whereof such bonds are issued until such bonds 
shall have been disposed of, and no debts shall’ever be created against 
any such improvement district, unless at the same time provision be 
made to assess and collect annually upon the property in such improve- 
ment district a sum sufficient to pay the interest on such bonds and 
create a sinking fund of at least two per cent thereon; or if a certain 
portion of said bonds are payable each year, then a sufficient amount shall 
be assessed and collected to pay each of said bonds as they mature and 
pay the interest on all unpaid bonds. The interest and sinking fund shall 
be kept separate by the city from other funds, and shall not be diverted 
or used for any other purpose than to pay interest and principal on such 
bonds, and the City Controller shall sign no draft or warrant on said 
fund, except to pay the interest and redeem the bonds for which it was pro- 
vided. The sinking fund for such bonds shall be invested as provided in 
Section 1, Article IV, of this Charter, or in bonds of such improvement 
district; provided, however, that all property: situated within any im- 
provement district which may be created under the authority of this 
section shall participate to its full extent in, and be equally improved in 
its just proportion by said sidewalk or street improvements. (As amend- 
ed, 1913.) 


Sec. 16. Improvement Districts—The City Council may and upon petition 
shall, divide the city or any portion of the corporate territory thereof, into 
“Improvement Districts,’ clearly defining the limits and boundaries of each 
district; and shall have the right and is hereby authorized to borrow money 
on the credit of any improvement district so created in the city, and issue 
bonds therefor for the purpose of constructing and laying permanent side- 
walk improvement in such district, but every proposition to borrow money 
on the credit of any improvement district for permanent sidewalk improve- 
ments therein shall be submitted to the qualified tax-paying voters living 
within and owning property in such district, and shall distinctly specify the 
purpose for which the loan is desired, and the permanent sidewalk improve- 
ments proposed to be constructed. If said proposition be sustained by a ma- 
jority of the votes cast in such election in such district, such loan shall be 
lawful. All bonds shall specify for what-purposes they are issued, -shall bear 
interest at a rate not greater than five per cent per annum, and, when sold, 
shall net not less than par value, with accrued interest to date of payment of 
the proceeds into the city treasury, and such bonds may be negotiated in 
lots, as the City Council may direct. No debts shall be contracted for the 
payment whereof such bonds are issued until such bonds shall have been 
disposed of, and no debts shall ever be created against any such improve- 
ment district, unless at the same time provision be made to assess and 
collect annually upon the property in such improvement district a sum suffi- 
cient to pay the interest on such bonds and create a sinking fund of at least 
two per cent thereon. The interest and sinking fund tax which shall be 
collected annually from the property in such improvement district for such 
bonds shall be in addition to the other current taxes, levied by -the city, 
never exceed twenty-five cents on the one hundred dollars appraised valua- 
tion of property in said district, and shall be kept separate by the city from 
other funds, and shall not be diverted or used for any other purpose than to 
pay interest and principal on such bonds, and the City Controller shall sign 
no draft or warrant on said fund, except to pay the interest and redeem the 
bonds for which it was provided. The sinking fund for such bonds shall be 
invested as provided in Section 1, Article IV of this Charter, or in bonds of 
such improvement district. The tax levied for interest and sinking fund for 
bonds issued for permanent sidewalk improvements in any district shall not 
exceed twenty-five cents on the one hundred dollars valuation annually; pro- 
vided, however, that all property situated within any improvement district 
which may be created under the authority of this section shall participate 
to its fullest extent in, and be equally improved in its just proportion by 
said sidewalk improvements. (Amended; see next preceding section.) 


City of Houston 15 


————E—E————————E Ss * 


Sec. 17. Elections—The present Mayor and members of the City Coun- 
cil, elected in 19138, shall continue to serve and receive the pay provided 
for at the time of their election, until the next city election, and until 
the qualification of the officers elected at said election, and shall exercise 
all the powers and be subject to the limitations in this Charter contained. 


There shall be held on the second Monday in April, 1915, and every two 
years thereafter, until otherwise provided by law, a regular election for 
Mayor and four Aldermen, or Commissioners, and a Controller in the City 
of Houston, who shall perform the duties and discharge the obligations 
conferred and imposed by the provisions of this act, who shall hold their 
offices for two years, or until their successors are elected and qualified, 
unless removed therefrom by impeachment or recall or otherwise as pro- 
vided in this Charter. (As amended, 1913.) 


Sec. 17. The present Mayor, City Attorney and members of the City Coun- 
cil, aS composed under the Charter of 1903, shall continue to serve and re- 
ceive the pay provided for at the time of their election, until the next city 
election held as hereinafter provided in this act, and until the qualification 
of the officers elected at said election, and shall temporarily exercise the 
powers and be subject to the limitations in this Charter contained. All other 
elective officers elected at the last city election, unless sooner removed for 
cause, Shall retain their offices and receive the pay at present provided for 
said officers, until the expiration of two years from and after their election 
and qualification in April, 1904. 

It shall be the duty of the Mayor within forty days after this act becomes 
a law, or aS soon thereafter as practicable, to order an election by giving twen- 
ty days’ notice thereof, at which election a Mayor and four Aldermen shall be 
elected at large in said city; or if for any reason the Mayor fails to make 
said call for said election within a reasonable time it shall be the duty of the 
City Council, by a majority vote thereof, to issue said call for said election 
by giving twenty days’ notice thereof. Said election shall be held as pro- 
vided for herein, and the Mayor and four Aldermen so elected at said elec- 
tion shall hold their respective offices until the second Monday in April, 1907, 
or until their successors are elected and qualified. 


There shall be held on the second Monday in April, 1907, and every two 
years thereafter, until otherwise provided by law, a regular election for a 
Mayor and four Aldermen in the City of Houston, who shall perform the 
duties and discharge the obligations conferred and imposed by the pro- 
visions of this act, and who shall hold their offices for two years, or. until 
their successors are elected and qualified. (Amended; see next preceding 
section.) 


Sec. 17a. Vacancies—In case of any vacancy in any elective office from 
recall, resignation, death or other cause, it shall be the duty of the City 
Council to provide for and order a special election to fill such vacancy in 
office, at such time as it may deem expedient, not to be held later than 
60 days after such vacancy occurs, notice of which shall be given by pub- 
lication for at least 20 days as required by law; provided, that the office 
of Controller shall not be considered elective until the first Monday in 
April, A. D. 1915; and, provided, that other provisions in this Charter 
with reference to elections to fill vacancies in office in conflict herewith 
are hereby repealed. (Added by amendment, 1913.) 


Sec. 17b. Publication of Ordinances and Resolutions—The City Secre- 
tary shall give notice of the passage of all ordinances and resolutions, 
except those granting franchises (which shall be published as now pro- 
vided by the Charter), by causing to be published in some daily newspaper 
in the City of Houston at least once within 10 days after their passage 
and approval, the caption or title of such ordinances and resolutions, and 
such ordinance or resolution shall take effect and be in full force and 
effect from and after its passage and approval, unless otherwise provided 
therein; provided, that all such resolutions and ordinances shall be sub- 
ject to the provisions of this Charter for a referendum, and any action 


76 Charter of the 


taken by authority of same shall be and become null and void should a 
referendum petition be filed on such ordinance or resolution. as provided 
in Article VIIb of this Charter. (Added by amendment, 1913.) 


Sec. 18. Be it further enacted, that all laws and parts of laws in con- 
flict herewith, be and the same are hereby repealed; and that all previous 
special acts granting or amending charters of the City of Houston, be 
especially repealed. 


Sec. 19. Effect of Adopting Inconsistent Amendments—Any amendment 
to the Charter of the City of Houston which may be adopted which is in- 
consistent with any existing provision of the City Charter shall by such 
adoption repeal such ineonsistent provision, and at any election for the 
adoption of amendments if the provisions of two or more proposed amend- 
ments approved at said election are inconsistent the amendment receiving 
the highest number of votes shall prevail. (Added by amendment, 1913.) 


INDEX TO CHARTER 


ABATTOIRS— ‘ 
CiEvVaIMa yrOW DO eCONCUCE etGiia tan cick ahah ena alee. 
Civva aves taplishwe leases. GL Ciclac dias denne renee he eae 


ACCOUNTS— 
See Controller, 
EL ONV SLC GD) Caer ery dea ay eet ay tie ae ane ee takes cy A TD tore se a ERD De YE 
nicht. OtmCounci Ore wWay Ol toninVestifatera. site ta 2 


ACTIONS BY CITIZENS— 
Property taxpayer may restrain execution of iNlezar or 
2 fraudulent .contracton behalf Of “city... 5s. eode: 
Property*taxpayer may maintain other suits.......... 
Five freeholders may intervene in court to defend suit 
WiECCINAG Liy Aaa Dar Oyeqid sae nla cc dco eats coaie ar Uae cu cren nes 


ACTIONS AGAINST CITY— 
City must have notice in writing within 90 days of 
elaine orsdaimacesmberorem lia Diet) uk om) arcustibeneccera s 
IN OEIC CMMI Sees Owen seeders orere re eienarer nen enee oils. che ee atbkaee he 
City must have 10 days’ notice in writing to Mayor or 
City Council before liability for damages caused 
from streets, sidewalks, etc., being out of repair..... 


ADDITIONS— 
See Subdivisions. 


_ADVERTISING— 
See Contracts; Controller; Ordinances; Franchises. 


AGENT, STATE— 
Oi try ge Ii Car Cel CCl oh feted che Pavtelien ster or tu eite re ai, sat =: aie aneta te er olete’ ecao al ate 


ALDERMEN— 
See City Council; Officers. 
ALLEY S— 
See Streets, etc. 
AMENDMENTS— 
In case of two inconsistent Menanients to this Char- 
ter, one receiving highest number of votes prevails. 


AMUSEMENTS— 
City may establish, own, equip, maintain, conduct and 
operate a great variety of amusements, etc......... 
City may permit, regulate or forbid theatres, etc...... 


ANIMALS— 
City may restrain from running at large, horses, mules, 
cattle, sheep, swine, goats, geese, pigeons........... 
PGitivemayeOStrain wd MmpOUNn diame SGll sry... sis) slerelsheensy chore 
City may impose fine on owners for permitting to run 
Alpe CSC aparece ee ehovahcn dy ccaereieieiicud.e siehe sleceaeneh saber scahebe lens’ shere/ ele 
City may regulate and control the driving of cattle, 
horsesgrandralivotMerraniMalsen sa «ciate era ha catemeyaeeh/ beret el os ¢ 
City may tax, regulate, restrain and prohibit dogs run- 
TIN See CLANS Cunt We cers cele Redcar et teeyicies eh ay csv ateReMee ak are:taisn ats 
Cityainay authorize the destruction of dogs en. 2... 
City may impose penalties on the owners of dogs...... 
City may provide for inspection of milch cattle........ 
City may pass ordinances preventing the bringing of 
CEsURCaALCASSeSaWLth in sit SwLlmmLess) cena aw icles ste-e ehererscoate : 
ANNEXATIONS— 
See Boundaries. 
ANNUAL REPORTS— 
See Franchises. 
Heads of Departments to make Annual Report to 
MAVOCEDEIONaLOe iar Clic Otis, ¢ am ccicen coved ae siete ste als 


-1 00 


oOo OO 


bo bo bY 


bo 


Sec. 


@w 


wi, 


12 


16 


Page 
14 
16 


66 
59 


70 
70 
70 


72 
72 


73 


38 


76 


14 
21 


60 


11 Index to Charter 


ANNUAL REPORTS—(Continued)— 
Reports of Heads of Departments to be made part of 
Mayors’ Reportatos City: Council... cme cee hee oe 
Mayor. Fequired 3 OT Le 7 2 a susie tem cobs inuehemtentan ene dean treme) aie teae 
Controllerstowtilea. ie civics cata rae PER TORRE Esher Mtns Cs RAY SE 


ANTICIPATION WARRANTS— 
Issue and sale, bearing not exceeding 5% interest not 
prevented by! Charter:.£:5 me cbiseke persue iets been. 


APPOINTIVE OFFICERS— : 
Mayor to appoint, subject to confirmation by Council.. 


APPROPRIATIONS— 
No contract to be entered into until after appropriation 
NAGS Sa yee Ae aeons ae tea tet CE ee a eh En ee ee 
No contract to be entered into in excess appropriation. . 
Certificate of Controller prerequisite to Ordinance, etc., 
ADDPLOPrIAtiN S NON SVE ik ccs chee cere ate Ree ene ee eee 
Where majority of Aldermen and Mayor not renomi- 
nated, cannot make appropriation before qualifica- 
tion: Of ASUCGCESSOPLS Wii. iy racemes Bie ieies cae eke eet ee me ee 
Departmental appropriations to be made, when........ 
To be based on estimates of Mayor’s Budget.....:.... 
Prior to other appropriations, provision must be made 
for payment of interest and creation of sinking fund 
upon bonded indebtedmess..2 «ee ee eRe Bee 
NMust-not exceed ‘available: resources). feiss 
Appropriation in Budget in excess of eStimated avail- 
able resources or probable revenues a malfeasSance.. 
Gontrollersshall keepmaccount. Ofer. mite eats eine eee 
Controller shall not sign contract or warrant until 
ALCS PPO PLIA TION secre is ko theses Rees detente Pee hs fetes ea 
ASSESSMENTS— 
See Taxes and Taxation; Street atconon ue Public 
Improvements; Condemnation. 
ASSESSOR— 
See Taxes and Taxation. 
ATTORNEY, CITY— 
City Attorney, or other officer designated by Council, 
to-represent ‘City im tax) SUIS tas ciceaeuienone sue eee. ees nean 
Five per cent attorney’s fees to be taxed as costs...... 
AUDITOR— 
See Controller. 


AUTOMOBILES— 
City may regulate use and speed of automobiles....... 


BAKERIES 
City may establish, own, equip, operate, ete.......... 
City may regulate and provide weights of bread, etc.. 


BALLOTS— 
See Primary Elections; Initiative and Referendum. 


BATHS 
City, may (establish, smaintain meue sen. aera ce bee ee eee 


BAWDY HOUSHS— 
City may prohibit, punish, regulate, colonize, segregate 


BELT AND TERMINAL RAILWA Y— 
City may establish, own, equip, maintain, etc......... 


BIDS— 
See Contracts. 


BOARD OF APPRAISHMENT— 
COMPOSE yO Mee 76s Soke ea ey es OPA en aa ane age aren aes 
FTO Wie CP Ea TOO aide wlshe cveiecsL doe uote ake feet cwe Ae, Ome nee aN ee ce Rete tala 
Shall be standing committee on taxes...............2. 
Rishtsorrvappeall tromadecision vor mMsOaArdsie ee oe ies 
Must conclude: labors and file report not later than 
SETTAB GE We Bk cael ater eee eit a de Rake ee a eiaeh Mees Ceara TERME Ran Ome 


BONDS, CONTRACTORS’— 
See Street Improvements. 


~“a-.-] 


onl 


bo bo 


oo Ww os tO 


ew Oo 


Sec. 


10 
10 
t 


00 00 


16 


Ta 
16 


the 


16 


Ta 


15 


15 
15 
15 


15 
15 


59 


31 
31 


22 


14 
22 


14 


21 


14 


36 
36 
36 
36 


36 
36 


Index to Charter 


BONDS, MUNICIPAL— 
See Sinking Fund; Interest. 
Council may issue $100,000.00 for permanent improve- 
NICMCSY CLC ACA ey at eis les Mee eP A Rl a peas kPa) eis oars 
MGVAIS SUL pr Glut Gime MO OMS ss vary error y eucuche alent Mack mer ere teitanehs 
In excess of $100,000.00 must be submitted to qualified 
EPMO AY LITO CC LS Pepey ayer cya) oul chee Paley cia olen eave nee cele 
Mustonot draw exceeding: 5 Sop imterestoe clas clseebs oy cto s 
Must provide for sinking fund and interest 
GificerTdivertingestund;. Sitilty of ‘KelOmyins woe aces. 
May issue bonds on credit of “Improvement Districts’’ 
BONDS, OFFICIAL— 
Council shall require all officers to give 
Controller must give $10,000.00 
BOUNDARIES— 
See Buffalo Bayou. 
SCT ES ear eee ee LER Ei oa ence apenaben a Pat hey peeee aetna aval ak as 
Extension on petition by voters of adjoining territory.. 
Extension by City Council 
BORROW MONHY— 
See Anticipation Warrants; Bonds, Municipal. 
May borrow money on credit of Improvement Districts 
BUDGET, ANNUAL— 
MavOrranus tis Upmaitht0. Council 7 on jana POR Ore creat aot 
ApPPrODrIAL ONS MUS: Dev based) UDON.. 4. ameudtle cme ooo dais 
In allowing, must first provide for interest and sinking 
ACULEL CM av onereer cc nec Retcere touch ieee Ma sa Marans ai an A oike co RMR Faeed colt ae 


oe eee 


4p ee) Hee ge 6 ane 


018; Wye AL @'GE-e. he) eite! 3), 0.6) 6) © 


@ ta Cena) ey Oe 6) CAS a” Sia he se! ale) sine d) 6, 


Gi a) w, fa, (ereniey 4) im) Od cen 'dire wel 6: ae sla, we a) 0) oF eh Ovals 


BUFFALO BAYOU— 

See Harbor and Water Front. 

City may preserve and improve purity of water....... 

City has jurisdiction beyond limits for this purpose. . 

Mav eEOng@eimlT TOm Lite Dll DOSE Gans ne Salciasa sels co heeare a oo 

May prevent discharge by manufactories of refuse in. 

Gity may secure land for improvement of by condemna- 
TLIC Came eget Ay, Ae ey tA D CLA AULT eet Lindl Atul te as et Sits ey atrad bite, eee elas 


BURIAL GROUNDS— 
See Cemeteries, etc, 


BUTCHERS— 
Coun CHP May AES LA, COartmr Nateisrekove’ cist there. lets cce aia a, eylerel a; ef apes 


CATTLE— 
See Animals. 


CEMETERIES AND CREMATORIENS— 
Ciivemayjestaplish* Operates CEG Asus.) dike whlsemensicvhe Kiaue lees 
Citvahas power to resmlater SlEl ia. tenes oa sous eabelmhs rene 
GitveiiicyRClOS eres -kacdcwece deems see nema te aren a wl atth ss catia egal am enehate 
City may condemn land of for other municipal purposes 

CERTIFICATHS— 

See Controller; Public Improvements; Street Improve- 
ments; Condemnation; Recall of Officers. 


CHARITIES AND CORRECTION— 
City may establish, regulate and maintain certain..... 
Clivmmay ODeraten cic: MnnhnIMaries  CUCl = ii. Masses alehs 
CITY COUNCIL— 

See Bonds, Municipal; Boundaries; Buffalo Bayou; Civil 
Service; Condemnation; Contracts; Franchises; Initi- 
ative and Referendum; Primary Elections; Public 
Improvements; Recall of Officers; Railways; Street 
Improvements; Street Railways; Taxes and Taxation. 

FLOWACOMTDOS 6 Cum tease Gee shed ck Mahal te ue a So Men ay A aee amanian Ouaycueime oko tans 

EL ULC See Oh ae erecta tos Lee. hak ee RP nae oe els. Sy sy Gase apahaee Mal gna Mb enot AEA 

IMA RES ING VereAd COT TIT Ms tsa altcto eto eve cialis wo Veusheks: o, ise ek pelea shies 

JUAPrESOL. electors Gf PMWM CES saa ¢ wholy see cthelons: ebeid ch oy cravetont 

WUCQRLITEISE Os wep see re eee ep ORC Eran Chae scciaiir oty atohe. «: hlae Stara aie ay aba 

OUTGT UTE OT ete shy haar EMA Shak cL dasa ach de Fah ofa) hash crop aap a wished eh ateyiost ate 

Siiall be ini ContinWous SESSION. 2. shisletienseeia «clea ees 8 aleve 

Sra citawsd thio p Che dOOus yc aececds chine Mere they be wid (lebanon haehe 

Can act only by ordinance, resolution or motion........ 

AV Esai snavis. Shalle DO “GECOrded i ors.) ee ae sume ety e's 

May establish municipal office and appoint official and 
LD. NSM inn oa neal coat Nee uC AOC HD OPORCRD OE MO LORORDERR DOE ORO LO ICICLE 


PAYAL: 


HS op 


Oe ee 


ee 


-1 OS 


Do bo Do ps dS bs bo bo be bo 


SAWANT 


| 


sual 
7a 


AARARrPrADwWNW ar 


wo 


Lio Blo oer | 


a9 


14 
19 
19 
19 


16 
14 


. 


lV 


Index to Charter 


CITY COUNCIL—(Continued)— 


Shalirequire Officers Lousy eybOnCrr-s cus eiiecenelent mete 
Shall investigate all Departments of City and have 
power to compel witnesses to produce books and 
TOS EUR 7 he ao a wach gt Sede la, celts che Naive pe Co farted nen ar ed 
Shall make appropriations for various Departments in 
ADril eachéy Cari. ce Meee eee CE RCE EER CE Rie AAS 
Shall make appropriations for contingent purposes.... 
Shall create sinking fund and interest fund........... 
Shall not exceed estimated available resources........ 
Majority vote required to impeach Controller.......... 
Shall canvass) election returns, |... 62 ee ee eae 
Shall prescribe manner of holding primary elections... 
To regulate butchers, and the selling of vegetables, 
FISTS CU. ior ceticscehe soca sys eae. eae ete lees alle Do neNe GU CRT mene emcee et Paar 
May require foodstuffs to be inspected and condemned 
May rezulate removal of night soil; i...on eee eee 
Penalties for failure to remove night soil............. 
To provide for destruction of unwholesome matter... 
To require owners to remove dead animals............ 
To regulate burial grounds, crematories, etc........... 
May commute fines by labor in work house or rock pile 
May establish and regulate charities and corrections.. 
To provide for destruction of infected clothing, bed- 
oN bey we 1 Gry ern eee AI ere co We a GAA IA «y God daids Sve 
To improve and preserve purity of water in Buffalo 
BBV OU eae 1 Bee ed Fetes etre ee ete os Breet a aee or Ge TUDE RE ons 
To establish and maintain Police Department. ........ 
To regulate theatres, dance houses, etc.............2.- 
To regulate saloons and close variety theatres........ 
To prohibit bawdy houses and suppress assignation 
TOUWUSESHE’ Wee ads eon aha er eas Si eaee Saab DICER Eee ite eee 
To Anspect weilzhts and IMeCASULES nat ceeescnetmemeesete eel anene 


To regulate draymen, hack drivers, baggage wagons, 


and tormpreserve ordersat. GEpOUs ome ac secdetic eet aie eee ee 
To establish maximum rates of hacks and public con- 
WEV ANCES Leics used tere Veloce ete oe tetinto) oven ences Chee Cen aay nents 
To tixe publicustands forsnacks ed faye t Came ere semen ne 
To suppress gambling houses and selling of lottery 
CICK OTS AAG che bine we aie cc ba he Pa telat ehee de tee sae wre wearoteai ste ee ete nels een 
To regulate bakeries and prescribe weight and price of 
ler sercKe hoe a A A Ore ee eee rir MUP SPN n ee Ey MEO Glo utc 


To provadestor inspection ot) mulch Gattlen. eter : 


To establish pounds and prohibit running at large of 
STOCK ep ee ete tetin ees nec DP aE eee Cette UT sds ib Rene itetiee amen aE tic 


To prohibit rolling of hoops, flying of kites, and firing 

Of FirG-CracGkens ye be woe kis stele Bkens wane eoms he Gyetenie Dement tegen ae 
To prohibit ringing of bells or noiSes on streets....... 
To require street railways to issue transfers.......... 
Mo fix rand resilate prices OL waters pee wen hic cee tenner 
To prohibitvsSolicitin's) Of alii Sis: pictee Meteo eal oe ee ene ee 
To prohibit blowing of whistles and regulate speed of 

Tall wWay "ON SINCSik ie cee nei k Ee RID TERRe rS en ka Rete te 


Tosreculate drivine or cattle throws hs Clty cae: teense rele 
To prevent trespass and breach of the peace.......... 
Mor prevent immoral st theatres are ee scheienc eer eee 
To require abandoned railway tracks to be removed.. 

To prohibit horse racing and immoderate driving...... 
To regulate automobiles...... deena te tl axeumoheniates eaekna tee eece 
TO Prohibit abuse! OLLaANIMNALS aeenesene tel eect nemeae etter eet te 
Tocompely hitehine: Of aml tna Sem natet se ieieattas aioe one ternenene 
FO restrain, Vaerants)) prostitutes. seLCwe ia sie ssielaiaie sist oles 
To regulate sale of cocaine, morphine, etc...-.....7... 
To cerantsTranchiSess sitet iis oe eectestee ton poate enon ee Peet ta ween 


May inspect books of corporations holding franchises. 
May examine books of grantees of franchises for pur- 
DOSEsOF xin Ss rates cs) Hi sin bie Wed ae ee ae shalde Rms Sales neeetene 
May grant sidetrack and switching privileges to indus- 
TPIALY PLANTS set. 1c G4. td wedode te Merete fede ete Acah ashe et deed hele eo Be terete se de 
May license and tax peddlers, auctioneers, theatres, ex- 
hibitions, circuses, billiard tables, ten pin alleys, pub- 
lic-ecarriers, dram-.Shops, -0tC<i,+ ALE Gh bieGie fore a eu e thai 
Duty to institute suit for back taxes, one year after 
Charter becomes! CffeCtivienc hans tsccce tee cie eres eke etene 
Shall fine person employed for collection of taxes for 
TE SISCE HON AUT iii rier elt tahats late ci oh Met ake tata No he tomeie te Sele te taleie verse 


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59 


Index to Charter V 
CITY COUNCIL-—(Continued)— Art. Sec. Page 
May receive payment of taxes in advance and allow 

TEC OS Tare eet tote ete PN OR Lele tes cut aieneme te adaretere is 3 13 oo 
Authority to issue bonds, purpose of issue and amount 4 i 37 
To provide for sinking fund and payment of bonds.. 4 al Sit 
Shall require fees of Corporation Court to be paid to 

ie A oteric tip ae au ON hn 54 Dt ae AL RM i CR et a ee oh Bi ae J Bo ce 4 3 38 
May require street cars to be vestibuled.............. 4 5 39 
May require street cars to be equipped with fenders.. 4 5 39 
May require closed cars during December, January and 

HISD UAL Vane Pe cee Mc ohed ada thas eo aca es wie eae hen es obeiene eet eto ee Tet tec enk « 4 5 39 
Shall fix compensation of appointed Officerterire te 5 1 48 
Maye removesappointive: OfiICers «fac a. edo eiet f dedis gece 5 2 49 
MAN TOMEGT Wen y.eCLOnO Lp Ua VOL ca.ts) 0c anata iieienatenal eee fetersiaicle s 6 6 56 
BuUyineeandeselling electricity. ska c creo oie le ee. 2 Tb 15 
After primary election, shall not contract, etc., except. . 7 6a 59 
WMaCANCICSHINBOTM Lee rats Teele vies icrs cochere cist Pate omer ateio omen ees |e 7 tf 59 
Hlection for members every two years............e.e0. 9 bile 75 

CITY ENGINEER— 
Owners of property subdivided must file plat......... 1 3 ) 
Shall file specification of street improvements......... 4a 6 42 
Shall file statement after contract for street improve- 
MICNtSTEXeGCULCC Poy ade sie «kets eplatel havea cer Mera te te cesneeals 4a 7 43 
CITY LIMITS— 
See Boundaries. 
CITY OF HOUSTON— 
See Annual Reports; Appointive Officers; Appropria- 

tions; Bonds, Contractors’; Bonds, Municipal; Bonds, 

Official; Budget; Buffalo Bayou; Civil Service; Con- 

demnation; Contracts; Controller; Conveyances; 

Franchises; Harbor and Water Front; Health; Im- 

provement Districts; Initiative and Referendum; 

Inspection; Officers; Ordinances; Public Utilities; 

Railways; Schools; Street Improvements; Street 

Railroads; Taxes and Taxation. 

COLDOTEA UCMINAIN Cancases oes teen ch oneae ot siete cecal shots tebe ele\raerlaiane Toe ish a hey « 1 i 7 
PS OUTICAT LC Sapa tena Bele, of ere cated o.oo eices sales ara® oh a) SU Snlsene sree ase abe of 2 7 
BOUuUNnGaries wextenslonsone peti CiOM s.r... sire els) se of e's) ew el 1 2a 8 
BOUnC aries wexXvellsSlOnM=: Wy, 1 COUNCIL me seerel sie nie teers ccyels ce sye if 2b 9 
JPA mr haves Bayevey cheney Saige Gave eis coeds Er Old. Oo Ca Denon tas Celera 1 3 9 
COEDOLALC DOW ELS wre ia rear tecal helices a eae te, 1: ae ee Ye 1 9 
GENE rale POW CES SR te ree teehee ec eieics) ou a haa Aero vsiechich ole ve. eis, ohene Dy He 9 
EVCA IMCS CATCH OW. TL COMO Valet soNNy ais ah al eters ‘ou stegec aN ere ies stets cre auc Z 3 10 
SELESEE DOW. CISErea Ween ea oder cseientenehacce ehevas siete wiles epeicntusteters ye 4 ial 
Power to improve lonie Goinks HerashoeN aioe ero hadon pedal od ce 2 4a ail 
POWEr tOMoe Silat earall Wass CL Cush lela) isiiguel siare sie siete. cial eles 2 5 ADKE 
Power to provide for interchange of service or common 

WISE ORE TEREKELESS GOOEY Gules Scowdouc oo eee UD obo nD me DOG 2 5a 12 
Power to regulate and fix rates of public utilities...... a 6 1K; 
Power to prescribe service and extension of publie util- 

Hay OMOEA. sh wir ge p bideeo o OlOn me oOlbrolnD I gl otha trope Bie 2 6a tee 
PO WCLELOROW DVL U CIAO lcci e ik Carpet aranctiors sulsilctel od trea eve ore ‘eas 2 “ 14 
Power to own other public utilities, etc............ va ae 2 7a 14 
Power toshlive ana tscll electricity, . ClC ay ae h remo si guelel ts 2 Tb ES) 
Power to provide for protection against flres.......... 2 8 15 
PowerOVersharboOrand mwelerwhrOn Us os eicielc-yue bees te ee 2 9 16 
Power tosestaplish ete Imarkets: CtGr.). a. chee ot sere 2 9 16 
Power to establish, maintain, etc., charities, etc........ 2 ol 16 
Anminde pendent asGhooleGiStrict monic. nce 4s) o 2 sctseintae ae ee 2 14 ayy 
May improve and preserve purity of water in Buffalo 

TRA Olle eh eee cea eae id ee Rr erecw dey the cr conte rabavalaieh Mey erase wishes eh 2 15 20 
Power to pass ordinances to preserve peace and goed 

OF CCTM eee ere ee aerate ehatie sie ot Sv apet aceyseaisae, sel ee Mnauet clrsieal a 16 oe 
Granting Of francois ess Ct Grrr ae sc nos ARE C Abaco ae 2 als 23 
WON LRA CTS wake tue Sheers ar ar eae eae stprassliaas ots tora lie Aiba SSO eg Ae 2 19 25 
HSS AMGeeOLMOOMC Saiemeasne teks Kisnehent ects a1 awer sole emai s SR sea err 4 il at 
AE OW GLNOV Gris the. OMAN O Were ts dpace icles sienshinensr ol shee csc ale uci oie tare 4 a 3 
WOCAMACeNtsLOT Staten wi tidr cll M11 US. sycca cect oc) cer asic ote oct 4 3 38 
May compel construction of sidewalks................ 4 4 38 
Business affairs to be conducted by Mayor and four 

PALE TETI TOT Mee sce toate MRCS aay US oho ray sone shee stistiae atonar at ewrorsies (et cin citerts 5 1 48 
CompensationsOrremplOoyecs Obi. acu cnet ciseiierele Shorter sna be 5 4 49 
MAN OLmcOmD Cue DiGi BRC CIEL V.Gr war etete ciel cue encore sis ft helt eb eae 6 1 5D 
City Council shall consist of Mayor and four Aldermen 7 eel: 57 
Officers shall not be interested in contracts, etc...... a Ti 4 57 


vi Index to Charter 


CITY OF HOUSTON—(Continued)— 
No liability can be fixed against, after primary elec- 


TLOM VOX COP tT ry ciect cas eee eee aro ete nele aoe Ne cp coe ica isle tee reuee MeN 
Has right to examine books of grantees of franchises. . 
Citizens may maintain action in behalf of, etc......... 
INOT required 0) SiverDOnd titeinis es bee eeeters 5 To ba alin 0 as pala 
Property of exempt from forced Sale. 5c. tee) teres he ieaeae 
Nottiiablestot sarniShmennt c.g. rele siete lsdedsreuels 1 suenantetensmeme 
Notice of claim for damages prerequisite to suit....... 
Written notice of disrepair of streets, etc., necessary 

Hefore ia Diltty: pl eecnes ee ens e ew oleae aoe lance auees rs ein Mote eae 
Right to regulate and acquire public utilities.......... 


May become contractor on public improvements or work 


CIVIL SERVICE— 

Creation of CivaliSexnvice! Commission ....len take ete peat 

Rulessand powers cof-ConunisSion\. sits. ioe eet ee eee 

Shall provide for classification of employees and officers 

PEDO SERIO’ mT Cera tems teeter Paday efiaile ter calle) tieticokeMttretccine Welte Rese memed caeeatemene 

Commission shall provide for competitive, etc., examin- 
LL ONS rein tells on att alhenites ndocn isa eigie wile eas pipes oka tebe Nba nis ie eels 

Himployees*already semployied ent sms ele e ite sete orcas teteienee pees 

Council can conten additional *rishts; Cte. sci eieitcrennete 

Removalvof Employees laren & ake ae hee. eee Paar Seber AR 

Commission, with approval of Council, may make 
TUES ete. AA oa hee CR een Or ence te Be tase Mie Spates 

CLAIMS AND DEMANDS— 

City not liable for damages for personal injuries or 
injuries to property, unless notice in writing be given 
Mayor and City, Council within 90 :dayss 2.2 .%)..cwe Ae 

Requisites “OfANOLICCe ei eye ade eile stete tens Sate ene remote eter e neato neat 

City not liable for damages caused from Streets, etc., 
being out of repair from negligence, unless same so 
remains for 10 days after notice in writing to Mayor 
OT COUNCU Seo ekie Seabee cel i Re tol tees Poke ieee Nate tore tee ae eee ats 

COCAINE— 
May control and regulate sale, ete., of cocaine, etc.... 


COMMON USE! OF POLES, TRACKS, ETC.— 
See Interchange of Service. 


CONDEMNATION— 

City may condemn property for public use............ 
Condemnation proceedings same as for right of way by 

railroad COMPANTES pa esiw ok a be lakele ete echelon een eek torte ee 
City may condemn for certain purposes and assess 

propertyuspecially + Dementedian.on cae senile pacneiede eae 
May also make charge a personal one against owner... 
Method tof procedures tats sen cl ele Ge cde cette een en eens 


City may be required to pay as much as one-third cost 
City may issue assignable certificates against owner... 
City may buy, establish, own, equip, maintain, operate 


and conduct certain public utilities, etes.... We... : «- 
City may condemn land between Houston and Harris- 
DUPE; HON MB AY OUR ice. ecrece aust hestous atelace de ka ve ane rke Reena rie 
CONTRACTORS— 
Paving, co le: price liSts petG.s pie mas eles caetc hence rere 
City may become contractor on street improvements... 
CONTRACTS— 


See Controller; Street Improvements; Franchises. 
City cannot contract to pay for personal services for 


StatedmperiOd “Wy Ve aia e crsrs sie cee eo eee cL one het aes 
For supplies for current use for longer period than 90 
GaVSegOCA LO ol) WAAAE: ac. spoked, stems einsgey lath yee abe: age eam 
As far as practicable, purchases shall be made on com- 
peling prices oi Lena sks Ot ee enn ie Sete: 
Until appropriation made, contract shall not be en- 
COLEMAN TO seve UNO ete aise arelteT ce chee: atti te ifen oitc eenea hoy etesian 


Before binding, must be signed by Mayor and counter- 
_Signed by Controller, and expense charged to appro- 
DUA TION | \Ope Faw, weve eleva ato ke cere be eine oo ieee ee eR betes eee nee ee een 

Contracts for public improvements, etc., costing 
$1,000.00 to be based on specifications, and bids ad- 
VELtIsSede LOPYSELGs cvs canes ls, Cee oae Ee ee eee mere 

Council to determine most advantageous bid.......... 

No officer shall be interested in contract with City.... 

Void if officer interested, directly or indirectly... .4...: 


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72 


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14 


Index to Charter 


CONTRACTS— (Continued )— 
Made after primary, void under certain conditions.... 
Fraudulent contract may be restrained by taxpaying 
GUCIZ Clie ay elenteteher mo clad ite cree steele Sit chee eee. Me Sonata es 
CONTROLLER— . 
See Bonds, Municipal; Contracts; Warrants. 
Must countersign contracts and charge expense to ap- 


DLODELACION GA cetradets a cedersherene ics) o ahead o. aae Pee Ree dhe tates tet ne 
Certificate of, prerequisite to Ordinance, etc., appropri- 

AULIMSENION CVO at aired ccs bee ae cle cds it arta AIDA NOE ede 
Manner of election, salary; bond, ete@...2% tims 2s ch fs wot 
DUI TILCSROL Mecca arseet alco nt eeae Ae aire eetins one ae itche Renate wrens 
Shall@keep books Of AacGOuUNnts oe oi5 oo eke ee tlds oat ole tee 
Shall keep separate accounts of each and every appro- 

DELAETO Testers olde aseiche’ ciel siciend! Groh ApeUee chee Rea ems se earns 
Shall keep separate account with each Department.... 
Warrants etc. Shall berst2necd-bv~ «av aciwicieeie tos oie okuee 
Shall notusienacontracts, 6lcsnunlessslemalte,. oaao.en. 
Mavalceduireraiidavats cOca ll aGCOun tsi wan senile) snore san, oes 


Shall require persons having money belonging to the 
City to pay same before issuing warrant to them for 
MONE VA OWNS RUBS Wal Wen C Lyre swe seemed iepena tues cf steaanate 

Shall not countersign drafts, etc., without auditing, etc. 

Shall make annual report before March 15...,........ 

Right to examine books of grantees of franchises...... 

Owe Clee Cuil Mel Glib eeen ata id ele. of Smee sel se loiehapeuiel ame sae shise neal. she tener 


CONVEY ANCES— 
Gitymay sell realvor personals property. 20s 3. se es 


CORPORATH NAME— 
City Or Houston EE acat Net ete, arate occrsliate Lene sl catisns, ane-cometa isiivels ‘alte, aatet s 


CORPORATE POWERS— 
See City Council; City of Houston, and references 
thereunder. 


CORPORATION COURT— 
POWELSTAUCRALLELESE Ollnssar i ettre eet crates ceenee sigtel «inal sy hein hea 
Appointment, and term of Judse...3...3... be aS Sr ae PO 
CSlerk= = OWE ADD OMPECOsE tar mcetahetaie tetenciate co cippeutes cbevdhaact oie te ene 
APUG Se O fans) CT earey pees sist cee rater say eels atnscb era Nice a are anal ae eaatelalien stone te 
Rewards and fees of officers payable to City.......... 
Disabil byrOreAoSCNCe OLr UO Sexe iets omceis lac iralele a pe que 
PHELeRMa yi Dee DUt ye CLOT Siac svete se ncaia.sletene «oi ey aisles 2) ee 


CREMATORIES— 
See Cemeteries. 


DAMAGES, CLAIMS AND LIABILITIES FOR— 

See Claims and Demands. 
DANCH HALLS— 

City sMiayetOuDian OTRTCSULaACE were srere tole oe «lotr stele ene archetsli 
DAY’S WORK— 

Legal day’s work for laborers, workmen and mechanics 

Wh Ot refi Van el CVAIROT Crtttctct tausUatc al cud saver otsh i tener naleley osc tele 

DEEDS— 

See Conveyances. 
DEPARTMENTS— 

Citys Councils shallyappropriace MOney ATOLL 7a. eit ste viene: 

FLCAGSLOLASHATIGMA KC; FEDOLES srs istered sues ete co eralahee tial aieleiel al otle(ce 
DEPOTS, UNION— ‘ 

Civ Iay meSta ll Siee Chea wie ie)srs.s s+ cence oilers e) tials are snane 
DEPOTS— 

City may, by Ordinance, preserve order, etc., around... 


DOCKS, ETC.— 
See Harbor and Water Front; Wharves and Docks. 


DOGS— 
May tax and restrain dogs and authorize their de- 
SETITECL UOT tree yace tal S chek Pa lat olece oes atebaleths JARROROTA, se toa. ta ca hate 


DRAYS— 
WEAN LESUIALC OU emalul re chen ofiisiee Suslele: sodialbitin staNaustameromeane oF 


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Vill Index to Charter 


Art. Sec. Page 


E 
EDUCATION— 


See Schools. 
ELEC TIONS— 
See City Council; Bonds, Municipal; Franchises; Initi- 
ative and Referendum; Officers; Primary Elections; 
Recall of Officers. 


MVOTIN SP DILACES ects cocssnl ote cobareus) Sie, 61s sustnicsateielal fened stench ne memcaete 9 2 70 
Reecwulation sof, Vets. cine s, cseha, wieiere ciehtvepe letsheversiaeunnearsEateuees 9 2 70 
May prescribe manner of holding primary elections... 9 2 71 
INCASE, OLS VACANCY seco. c cceks cee elasle ets elsnememodclionelelepeme iene tensions 9 ie gan 
BHLECTRICIT Y— 
See Public Utilities; Rates; Interchange of Service, etc. 
Citys may. own electric light plantsiem.cricmmiet-teeterrrstetaen: 2 1 14 
May buy and sell........ Woe e reece nse esse seer ences 2 Tb INS 
EMINENT DOMAIN— 
See Condemnation; Improvements by Condemnation. 
EMPLOYEEHS— 
See Civil Service. 
WsC Lal Cay SWOT ees lel dt eden Bieta eeterctate tole a eit oken ae sees 2 15a 20 
COMPECNSAtion TOL Mee peice ashes oie ketetens el ckeetepemore nathan thes Sry c 5 4 49 
REMOVAal-O£L. EMPLOY, COSAe wee yeve ces wiviekehe ole letelelielalte Lc mien meas 5a 3 54 
City may prescribe that they shall not receive fees, etc. 4 3 38 
EXEMPTION FROM EXECUTION— 
See Property. 
F 
FARES— 
See Street Railways. 
FEES— 
See Salaries. 
All fines, fees and costs of Corporation Court go to City 4 me 38 
City shall prescribe that fees collectible under State 
law, by city officers, shall be property of City....... 4 3 38 
FINANCES— 
See City Council; Controller; Bonds, Municipal; Schools. 
FINANCIAL STATHEMENTS— 
See Schools. 
FINES— 
Ordinances may provide for enforcement by fine not 
exceedins.$200500 Moaxirksictes dt Cte aise loerotciedemetorecon tenement Or Een: Ve 12 16 
Council may provide for commutation by labor, etc.... 2 ne aby 
City .mMay7 Na Ve vexeCu Lion ef OL ete eisteude an cesne eemen eee lene a ceiteL ete 2 12 aly 
Ordinances shall not provide for lesser penalty than 
IMPOSE eDY— State wy. ves, Mes ranoks Verne rehceete aie he areke ie tetienecer atts 2 12 16 
Hines and penalties.due and owing) City... .... sic ee 4 3 38 
FIRE! DEPARTMENT— 
City may provide for the regulation, maintenance and 
SUDDOPLER OL. owiehe teense aaa eet eG POE tole tere heme te ete deletes Da 8 15 
FIRE LIMITS— 
City, May DEESCriDe: of.c cs. ae accent cone Caos dea me one 2 8 iS 
City may regulate and prohibit building, etc., therein.. 2 8 13) 
FIRES— 
City may provide means for protection against....... Wy 8 nS) 
City may regulate and govern storage of lumber, etc., 
and fix limits within which may be carried......... 2 8 5 
FIREPROOF ROOFING— x 
City may prescribe limits in which only shall be used.. 2 8 15 
FISCAL YHAR— 
WW ELS? ibe ate snc oo Site oe eesti a ete alge Kane Rs RoW RUN Ren eke ean ee 6 8 56 


Current begins March 1 and ends last day of February 7 10 60 
FRAME BUILDINGS— 
See Fires; Fire Limits, etc. 
FRANCHISES— 
See Interchange of Service or Common Use, etc. 
Unlawful to continue, amend, etc., street railway, with- 
out. binding it to give universal transfers........... 2 6 15 
City may prescribe service, extensions, etc., of concerns 
Nolding franchises? i e.. su... are 6 ses ete teem abe ieee ees ces 2 6a 13 


Index to Charter ix 


FRANCHISES—(Continued )— Art. Sec. Page 
Ordinance granting must be read in full at three regu- 

PATE IOCLITIS GS. mete SCNT mse sg whine ene eee na 2 17 23 
Only granted by Ordinance, by majority of all members 

OLICOUNCLINADDLOV.COLDY wWlayOL a. atte oid ore eke 2 iL 23 
For longer period than 30 years, must be submitted to 

SOLAS LS cat a ees elk ws AIG ERS COC nes EaCIPEC RET BES eae Sine Z 7 23 
None shall be granted for longer than 50 years........ 2 17 23 
City may submit all applications for to vote of people 2 ay 23 
Grant shall provide that it is to become property of 

CHEY, CCCCS CA al Va e's a he atelsl clot ecient aera eer tasirerial sh © 2 al 7, 23 
Every grant to make adequate provision for forfeiture 2 ala 23 
Council may also examine books of account........... 2 Aft 24 
Publication shall be made of proposed grant.......... 2 18 24 
After publication, grant shall not be changed, unless 

GEPUDIMSHE Serdar srt a ete ole ee sie Taare a atcha Nate els ihaete 2 18 24 
Referendum may be ordered on proposed grant of...... 2 18 24 
Industrial plants may obtain sidetracks, etc., without 

COMPLY ATOM Mae tet ped cis whek yc edeteliol Lata wat Suelo reset otetiee ie 6 2 18 25 

'None to be granted after primary election, except in 

CASERCErlalMme Ven tUSrpoas a au ctealate tends) aha Mee Seo eerie e onamals fi 6a 59 
City may examine books of grantees of............... 8 5 68 
Ownerseoretoumakerannuale reports, ctpue olstethes siete ia 6 8 6 69 

G 

GAMBLING HOUSES— 

Citvyauacs pow ere COLSUPDRESS ys CEG LI Maca stat clalctsichats aienatelae 2 16 21 
GAS— 

See Rates; Public Utilities. 

CLEVE TIVAVAO Vie DLAI ES: avaece ete teen ane ape erelrat ek atster oh draiiayah lars ot scat 2 7 14 

Ci tVamMayes DU Vaan OSs lived en ise cae cue cleuets cient ureeela: sie fh Uabece 2 Tb 15 
GARBAGEH— 

Dutyrol City, to-resmlate: and: dispose Of. jute snes 2 os «1 2 fi 14 
GHES hb— 

See Animals. 
GENERAL WELFARE CLAUSE— 

See Powers, General. 
GOATS— 

See Animals. 
GRAVEYARDS— 

See Cemeteries and Crematories. 

H 

HACKS AND CARRIERS— . 

“City may regulate the fares, etc., to be charged by.... 2 6 aie 

City may make needful regulations concerning........ 2 16 21 
HACK STANDS— 

Cityetoay, tix DUDE Nacke Stands te ClChi.rcts sine etal heise, © 2 16 21 
HARBOR AND WATER FRONT— 

See Buffalo Bayou. 

City may alone, or in connection with Navigation Dis- 

EFICE MELE. ACGUILE ele; Channels. EtCiicacie crete ois sea sats 2 9 16 
Power. to, control, the water Lronts) GbCc et 6 sista a.c1 cer ens 2 9 16 
TOLOW ITE RECCse WALECROUSES CLG h Olle ace cats coe sebsisue elereleneeal's 2 a 16 
Power to license, regulate and control the stream..... 2 9 16 
ROWEr LOmix TaAtesuObuwiharntaeenCiChl ca et ivaj cleeltis cece a es 2 9 16 

HEALTH— 
See Milk, and Milch Cattle. 
City has power to regulate burial grounds, to protect.. 2 15 19 
City has power to regulate sale of all foodstuffs...... 2 Lb 19 
City may inspect premises of all persons, in interest of 

LES LCM Ca. LEY aaecum aemetaitite i. sy fecha al Coane oicuslia stakes. steerer 2 15 19 
City has power to pass Ordinances authorizing the de- 

STRUGEION Of. GLOLBIN SW OUG faye wre sels etal aiticlarsie ele: slele« elerehs 2 15 20 
City has power to improve the purity of the water of 

ES TELL Oe VOU Recreate reenter Alito. bier Clee el oes sPettowiie cribs, acis 2 15 20 
City may prohibit manufactories from discharging 

refuse in Buffalo or White Oak Bayous.............. 2 15 20 
City can enact necessary Ordinances to protect health ”y a 9 

HOGS— 


See Animals. 


x Index to Charter 


Art. Sec. Page 
HORSES— 
See Animals. 
HOSPITALS— 
City may establish, regulate and«maintain.)...\ 2% @.l-n 2 shit 16 


ICE FACTORIES— 
Gityramay. establish mmain tain, vetG otek paces ecm iceeiener te eee 2 ney, 14 


IMPROVEMENT DISTRICTS— 
City Council may, and upon petition shall, divide city 


TIVE O Ws Fo ra ce ode ac ese be eters fo eile Ret ernom te hevbiehaal aie este Raine eine 9 16 73 
May borrow money on the credit Of i... 25 ss cite sictene oer 9 16 73 
May issue bonds for permanent improvements........ 9 16 74 
Every proposition to borrow money shall be submitted 

tor The *VOLCLS Io siecle ete pee oto wlohe Totus 4a, ole nl ons eeeeenerene 9 16 73 
Interest and sinking fund shall be provided for and 

KEPE"SCPALALES Hecke erat rots GAs ae lake tNs Veceteae steve Manche tel acs Mer eae ie L eis 9 16 74 

IMPROVEMENTS BY CONDEMNATION— 
See Condemnation. 

INITIATIVE AND REFERENDUM— 
See Franchises; Ordinances. 
Peoples may, legislate directly sbi su cin ay okeserenetaiv cee enoieis Tb 1 63 
Initiative; ‘hows EXerceiSed ste eiakisic:ehebeteis! srcwehe chien recat Tb 2 64 
PetitionplrorsLaiela iy e sas wee eecehe ste kekino eh euenete ke ieee teen Tb 2 64 
Certificate -ofJSECretany vccn wets oes ein tele een ete Tb 2 64 
Council’ ssactlonVOn “PetiLIONe ee ueleeianene cic oteeustel se feancene sees Tb 2 64 
Referendum, show |Xercisedics eeeecie cure eee bene pe eee eS Tb os 64 
Council Maysreler Of NLS TO WNEIMOLOMsrimcrtele sets ein eclchets Tb 4 64 
Ballots ee Beets ahs Woe esate eee ae Polio v cates eeleaae hee ele ketene ates Tb 5 64 
Publication of initiated or referred Ordinances, etc.... 7b 6 65 
Effect of adoption of Ordinance by voters............-. Tb tk 65 
Inconsistent Ordinances, which prevails............... Tb 8 65 
Initiative and Referendum Ordinances, how repealed. . TD oeno 65 
Rrequency .0f elections. ao y. lots cuelsteieieteieasd lle me renee een 7b 10 65 
Council’s power to ee further regulations sv. oe Tb iE 65 
Sections 17 and 18, Art. 2, not repealed or impaired.. Tb 12 65 

INSPECTION— 
City may inspect premises in interest of public health.. 2; 15 19 
City may provide for inspection of milch cattle........ 2 16 22 
Books of account of grantees of franchises may be 

INSPECCEO is Fi RATS lee te Bek eee eee eth ke ee ee ioc oe ae wen 2 ay. 24 
City’s right to inspect all books of grantees of fran- 

CHISeS 4s a eos Beare a eae Rete oat Toe ee eke eo enCe 8 5 68 

INSPECTION OF WHIGHTS AND MEASURES— 
See Weights and Measures. 
INTERCHANGE OF SERVICE, ETC.— 
Owners of franchises may be required to interchange 

SOPrvVice sn eo eb See rete eR ic ea AE RIS ice ee ecient Zh x ee DEL 12 
Common use of property, etc., between owners of fran- 

GHISES oy bse se cite sete basco aus oa bole Airemmnebe canis keene den Ieee felt un atel cee 2 5a 12 
Definition of Interchange of Service or Common Use... 2 5a 13 
Gity shall fix rates) to bexchansed sinters lessees fers 2 5a 13 

INTEREST— 
See Improvement Districts; Street Improvements; Side- 

walks; Bonds, Municipal.’ : 

Municipal bonds shall not draw exceeding 5%......... 4 a BT 
Ordinances issuing bonds must provide for payment of 

ANTET EST saree teandh Ue eee ate ero Ueme Reon eneUnne Lepltat attenene ina em ere are ae 4 1 37 
Council, in making Budget, shall first provide for pay- 

ment of interest on bonded indebtedness............ 7 10 60 

J 
JURORS— 
Freeholder in City not disqualified as juror where City 

TS ADATUEV IG mepcrats eke Lolo Pe la ty Sin Seba ace ne cole RASA aNG Rade to fOWs ants Goat eiep here eae 9 10 {2 
Officers and employees of City exempt from service as 9 10 T2 


LAUNDRIES, STHAM— 
Gity may “establish and Operated: «cc. cuba ene tee A ae 2 (anor 


Index to Charter xi 


LEGISLATION BY THE PHOPLE— Art. Sec. Page 
See Initiative and Referendum. 
LIBRARIES— 
Ciivesiay CSCADITSh ANG OPSTale. vo... 65 sa ae diese oo « 2 1a) G4 
LICENSES— 


See Taxes and Taxation. 
LIMITATION, STATUTES OF— 

See Taxes and Taxation. 
LIQUOR LICHNSES— 

See Taxes and Taxation. ; , 
LODGING AND TENEMENT HOUSES— 

Gilvemayacstanlichy and: ODECraLe. faba shels denuere ake Pirarareks 2 1G 14 
LOTTERY TICKETS— 


City may punish persons who sell or advertise........ 2 16 21 
LOANS— 
See Borrow Money. 
LUMBER, ETC.— 
City may regulate and govern storage, etc........... ‘ 2 8 15 
Mi 
MANUFACTURING— 
City may engage in eertain classes of.......... Cie Bebe Ae Ae 2 Ta 14 
MARKETS AND ABATTOIRS— 
See Abattoirs. 
MAYOR— 
See Contracts; Officers; Schools; Street _ Improvements. A 
Ousalificationwome lenin © fs Oli Cen CLG «ius sere ae) ciehelers os 6 a 55 
Is chief executive and administrative officer.......... 6 il 55 
HOSA Diet yaeO Lares Aa eee PL eerste TRA SEN GTS @ictah ai ors ors Myre ai av uieierags 6 3 55 
In case of death, etc., Mayor pro tem shall act........ 6 4 55 
GEG ue DEST ARRONIREYS | ect Deciaes yale esac cakes EACH ERAT CRORES Uns ELE PS Ea Ree 6 5 55 
VETO MD ONOrEO Lem re aerat teh Oe tuers ar eGck More erlrd Ne i Ute 6 6 56 
CleNnSratlie PO Wie Seek ete hea Pat ok aratehe sie tals aer sg ete avete cuerels arene 6 7 56 
Duty toesom Ue ATmual BUA Sete ites are ay sie gies oly at hae 6 8 56 
SEMEN ONE -4 0 Tic SAB EeacW cha ATEN EY Gal to aen One BECO RCEE Rite CITE an ar aE i ancien Oe a 6 9 56 
ShalipderoterentirectimiGarevs les teen assy, sis ators Gels dsheheWenguens 6 9 56 
Shall appoint officers, subject to confirmation by Council 5 2 49 
May remove appointive: officers. 00. oy. ee oe ess 7 Sar bo 
Shall make recommendations to Council......0........ 7 10 60 
Has authority to investigate Departments............ fi 9 59 
Shallscsrengallawarranes Or smOMG Yio «a snr icte cle cree a whe ste nei4 8 3 67 
MAYOR PRO TEM.— 
Mlecteds first Tegulan-~meetin gs 2% a6 ae%s eas oes elas is ve os 6 2 55 
VOW NO MIN ale da an neLeCTEO ciieksrarrausushsl sthsbel cratene. a: araicatieiee + 6 2 55 
TMETIMM OL eOtiLC ere miers Koay eie arene ie a clone tated a ch aiust is shee aa deeb Scatsis es 6 2 55 
VRE TIES Hct leche Weise Vid Viti rte tela ove vecelets te refemclom eis ene theres hers re 6 3 55 
PONVERSE Wille a Cllmona Si VIA OD aie ers foisksatetereas ae seca s1e 7s! 5) 6 rok _6 3 55 
LamCas eno fae death ete rmO feaVi AVON ts siche ledereleleai etsy tellocgie) “iiss 6 4 55 
MILK— 
City may provide for inspection of milk and milch cattle 2 16 22 
MILCH CATTLE— 
See Milk. 
MONEY— 
See Borrow Money; Appropriations, 
MUNICIPAL BONDS— 
See Bonds, Municipal. 
N 
NAME— 
See Corporate Name. 
NIGHT SOIL-— 
City may provide for payment of charges for removal 2 15 19 
City may prohibit anyone else from removing........- 2 15 19 
Persons failing to pay City to remove may be fined.... 2 15 19 
NUISANCES— ; 
See Burial Grounds, Crematories and Cemeteries; Sec. 
oA tae 
City may declare dilapidated buildings to be.......... 2 8 15 
City may declare all wooden buildings in fire limits to be 2 8 15 


City can enact all Ordinances necessary to prevent and 
MUTATE ADA CBee aise latin = siceare ds Wek nidis, €fe © ts Fi8'e 2 2 9 


xii Index to Charter 


Art. Sec. 


1) 
OCCUPATION TAXES AND LICENSES— 
See Taxes and Taxation. 
City “Councilehas power to lenvy,, CtCeia« scien omens 3 he 
Power limited to those from whom State collects occu- 

PAtiON pA Racer Hevile ek nleee ets. akebetere Oecae Deneve a ra pepece ue aetieme 8 7 
Shall be: paid to Assessor and! Collectors. 5... 0-2) 3 7 
Personsenotepayvyin SosuDsjeCt CO MMe ace cere ans olen st el emenene 3 7 

OFFICERS— 
See Primary Elections; Elections; City Council. 
Any officer diverting funds shall be deemed guilty of a 

POLO Yet iecelae ee nokle Gaede oe tee ee eee oe ads Soe ae kste ee aoN Ronen 4 1 
Mees.or, in Corporation Court, pelons>to-City,...m. es-mnr 4 3 
City may prescribe that no officer shall receive fees, 

CLC ELTOM SChVIGE aperLoOrmed MUG. iina.iom orem creneueienen eens 4 3 
City may provide that fees collected by, from State, 

Shallebespayia DIGuvOml tay cus teiaie tie AACS Eh, aes etewe eleteeretisns 4 2 
What officers administer business affairs of City...... 5 iN 
Compensation of, except Mayor, etc., shall be fixed by 

COUNCIVG br. Base eee eles Sire is lee or ee ee Sule he eae 5 1 
In primary elections, candidates shall be voted for at 

JARO Me ale SRO akan erence cucreuets yes os ene Ceeelie Lan Papeete teens 5 ih 
Officers not elected, appointed by Mayor, confirmed by 

COUNGCT oias Oe Coens op tae oie cas tel Gee eae dhs ote Cc eee arene 5 2 
Mayor shallha ve power ito Temo vehi cies cic eiaioneier- lene nenetens 5 2 
City ‘Council may-- remMOV er rae eek eas eters eee otek: ae terciete tte 5 2 
No office created by Ordinance shall be for fixed time.. 5 2 
If requested, a written statement of reasons for re- 

movaleshallspe-tleduby tie Wlayiorrey. <i tere rerer tenner ae 5 2 
How Aldermen or Commissioners are to be denominated 5 3 
In primary or regular elections, Aldermen shall desig- 

nate position-for which candidates sacle rene Suc 3 
Duties to be performed by Aldermen.............:.6... is o 
Shall not be pecuniarily interested in contract let by 

CityLOr School #Eruslees sary tekstas ec iceom te reienene eae cones 7 4 
Shall not be interested in any matter in which rights 

or liabilities of City may, be unvolvied.c ay. cers kicioeters qi 4 
Shall not be interested in any public work, etc........ 7 4 
Any officer becoming interested, forfeits emoluments of 

OPEL COL Bids aie Pik Daedaridte thane Wide valet eee te ade eke eee ee tense 7 4 
Shall“ be removed .s 24 ses theese wets ceke eh teee ene ee eRe tf 4 
Shall be deemed guilty of misdemeanor or felony...... 7 4 
City Council may establish office deemed necessary.... a 8 
Council shall require all officers to give bond.......... 7 8 
May be investigated by Mayor or Council...... = et te a shay 9 
May be removed, from office by Recall... ao ne (st 1 
PLO WHINSTITUTCE helio cre noone rebel och or ovcnck Ren rete ae een eee Ta 2 
MOrmoL Petltion 4.5 4 <uo fo) op paroled <cllel eo ane ae ee ee Ta 3 
Requirements of petition, various papers, certificates, 

hake ahi Gha he oem ee, PELs 6. 4 Gin oS os Godin aie ars Gis ee (ay 3a 
Objection, tO “petitions .4-pcelel ci eniee Cheeta ee ee els 
Members of Council against whom petition filed, in- 

elivible stovact Hhereom tec screen eh roe eee Ta 4 
Certificate of Secretary as to number of votes cast.... Ta 5 
Petitions may be withdrawn and amended............ Ta 6 
Number, of electors to sign petition si). cams ueue aes Ta i 
Council shall orderispecial elections. hoes fee Ta ff 
If officer recalled, his tenure of office terminates when 

Councildeclarés (results se oi etoree eee teeta tee eee 7a 8 
If he is an appointive officer, Mayor may appoint suc- 

GESSONM AR eyes ica 16te oblate. ole Laie lepfe ersten eee ae Mae a eke tee ete eae ke Ta 8 
If he is an elective officer, provision shall immediately 

be made for an election of his successor............. ey 8 
Qualification of aecalledsoflicers, ascii ieee eh Ta 9 
Two or more officers may be joined in one recall 

PETITION res cls we abe te elcieo os So hoselgt Poe veke ere ECan cone eet scone eee Ta 10 
No petition for recall shall be filed until 8 months after : 

election, ClGs. white 5 ecient ceoeua «aeons sie etter rae Ta akae 
In case of vacancies, Council to call special election.... 9 17a 

OFFICHES— 


See Officers. 


OFFICIAL BONDS— 
See Bonds, Official. 


Page 


75 


Index to Charter 


ORDINANCES— 

See Animals; Automobiles; Bakeries; Bawdy Houses; 
Bonds, Official; Boundaries; Buffalo Bayou; Butchers; 
Cemeteries; City Council; City of Houston; Civil 
Service; Cocaine; Condemnation; Dance Halls; Depots; 
Dogs; Drays; Elections; Plectricity; Fees; Fines; 
Fire Limits; Fires; Fireproof Roofing; Franchises; 
Gambling Houses; Hacks and Carriers; Hack Stands; 
Harbor and Water Front; Health; Hospitals; Initia- 
tive and Referendum; Inspection; Interchange of 
Service; Interest; Lottery Tickets; Lumber; Milk; 
Night Soil; Nuisances; Occupation Taxes; Officers; 
Peace and Good Order; Powers, General; Primary 
Hlections; Prisoners; Public Utilities; Railways; 
Rates; Sidewalks; Stock Driving; Streets; Street Im- 
provements; Street Railroads; Taxes and Taxation; 
Telephones; Theatres; Transfers; Vagrants; Weights 
and Measures; Work Houses. 

In addition to powers of Ordinance enumerated in 
Charter, all which might have been enumerated are 
aga mk e(o(6 |, eee eh eth kB tek 2 Le eee Re ted EI ee A RN Ro ae ae UA 

Shalleperentorced se bya fine mcm-. co sattietetertie tee edtoe tele fie seme tears 

Shall not provide less penalty than prescribed by State 

Cerlcainm maya On DASE Cryuer fois eaisl eclsasas aes eteieiere eis miereocie we 

Council shall act only by Ordinance, etec., which shall 
be confined to one subject, except appropriations.... 

Ayes and Nays shall be taken upon the passage of all 
Ordinances, etc., and entered upon Journal.......... 

Every Ordinance, etc., majority vote of all members of 
UE GUE ra eae eerie av are ler megs Wiley ede, cues Oa) chenek el les” dln a)iei 2s 

No Ordinance, etc., to be finally passed on date intro- 
duced, except in case of public emergency........... 

When passed under emergency, Mayor must request in 
Wi LCL SGr s eiromepeied sat sumicns otis lebs « atokorcnetcl t'eietets. s/o o4.8 s ahs as) ays, sas os 

Franchise or special privilege shall not be passed under 
CONES CIC vase wer aie aces ssa atsne tomes cL esesent ceeene op steFerca aera aia aoe 

Creating liability, etc., on City after primary election 
POND PCC Cw le ries aie chetsa ene eraradstv ater oe sis .s.:si/a'els ie) chive’ ere sta « 

Not inconsistent with Charter, to remain in full force.. 

Sine AS ce VECO cis a tera e cucenistav er sie he Oa ee hie ied 

TOW plLenGeGn ine TUGICIAl DEOCCEOIN ES sino etein wi@iciole cls, oso oie 

Notice of passage of Ordinances to be given by pub- 


Li SMTIAS SCA DUOMO Vac LO morale ce cuttetapdens: aueltstie: euelo seks tel v's take 
P 
PARKS— 
Cityvemaye Cstapushy Maio Cau Ut cia. tiles) ale estore oo lesa 


PEACH AND GOOD ORDER— 
City may pass certain Ordinances promoting.......... 


PEDDLERS AND HAWKERS— 
(Sahay Way AEC EiaC lds 6 o.lo © Octane pb. can O Ripe oh Boe olsic 


PENALTIES— 
See Fines; Ordinances. 
PETITIONS— 
See Initiative and Referendum; Officers; Street Im- 
provements. 
Petitions provided for herein........ Bayar eWay at Me tihee se 


Signing another’s name, or fictitious name, punishable 
ASE LOVE CL Vanes heie iiss Lilaherecedsreroas ors ioksdcustons stoneberls! a vehsyslietelivte ss. « 


PLANTS OR WORKS— 
City may own and operate for certain purposes........ 


PLATS— 
See Subdivisions. 


PLEADING ORDINANCES— 
PCa ti Ghai etal am deabe tials antels, oo v.8.008 ola eres, eye 8 Oe dae ns 


POLICH DEPARTMENT— 
City has power to establish and maintain............. 


POLL TAX— 
City shall not levy and collect for 1914 or subsequent 
MOAUS Teter ae laren re. at Sehetionena cies SU Pate eatalaks te ie tereke ese ce ; 


Art. 


bo bo bY po 


woo 


co 


Xili 

Sec. Page 
2 10 
12 16 
12 16 
16 gil 
6 58 
6 58 
6 58 
6 58 
6 58 
6 59 
6a 59 
5 fae 
ee 71 
i18° aie 
17b 75 
Ta 14 
16 zal 
fi 29 
3 GL 

rae 
Ta 14 
iB YOR: 
16 yes) 
1 Qh 


X1V Index to Charter 


POWERS, GENERAL— Art. Sec. Page 
See Corporate Powers. 
City ‘granted-very Seneral=powenrsis «celeste ele eiatelekenets 2 2 9 
Specification of particular powers not limitation on 
BONEPALY DOWEES o ecrei tele ee she = 018 ores ns tel shel ett Sse eee 2 2 10 
Purpose to grant City full power of local self-govern- 
16gC 1 OW PEDAL eRe Br hd dh tire) AUN RES RAR SSA CRUE MOLOREN HOGI crore 4 2 2 10 
City granted all powers given by Constitution and laws, : 
NOWOrsheréattend ms vec isre ce seth ie tek eee 2 2 10 
City has all powers it would have been competent for 
thise@harteretoserant se. SRSA Aas ea A Siesta bye 2 2 10 


PREFERENTIAL BALLOT— 
See Primary Elections. 
PRIMARY ELECTIONS— 
Mayor and Aldermen must be nominated by voters at 
DATE ON DEER gta etka berate, Rta NGMoRy ig Bee toe elise MASTS RENEE enema 5 1 48 
Each candidate for Alderman shall designate place.. 5 3 
City may pass Ordinances requiring use of preferential 


ballotan-nominatineroOniCersy, ais. sce dete betes Geer 5 4a 50 
HOPM COT: DALLOU ATs sets fle to ifis ee tota ele tees suet eee hee tee tate rs eee 5 4a 50 
Council may make regulations for, not inconsistent 
with, Chartergandistate Wa wietcmis «0 eee Melek mete 9 2 Tal 
PRISONERS— 
City may maintain city prison, etc., for punishment of 2 shat 16 
City may provide for working out fines TO'Mitee ce cha eve a reeatneee 2 12 iy 
PROPERTY— 
FLOW EDIA CLOG Strat trate ta diay ce tcteete ie tens ie ey Nene: Beare Be reneee a ekans af 3 9 
Of City, exempt from pee Ua oe Bie la aha Cuebase MMR EN Lee aoe athe 9 9° 72 
PUBLIC ACT— ° 
Chartermpuplicea Clem taint. enon: mink a Lalas tohsteg AON ey Aca WLR RS a aS ee) 4 fea 


PUBLIC IMPROVEMENTS— 
See Street Improvements. 
PUBLIC POUND— 
Cityamavaestablish anderesulaten,. nee ech cee Merete 2 al G epee 
PUBLIC SCHOOLS— 
See Schools. 
PUBLIC UTILITIES— 
See Street Railways; Rates. 
Owners may be required to allow interchange of ser- 


VICOELOUC HTS Sen ST RE er OST, WLR NEA oe ACRE lee Ae de gs ao eae me 2 5a 12 
Council has power to fix charges of various........... Z 6 13 
City may regulate service and extensions............. 2 6a ofS} 
City May Owniwalenworks CLC ras. mits ete ete aie etait 2 ie 14 
City, MAy4Own, Mal ntain, vetGeavarlOUs re en teeeera ns cere 2. Ta 14 
City's iriehtet ovaCq wire as ie el cher cies tare ccee a eRe tere ask eevee tne 9 15 73 
Character’ of utilities ;may acquire. .c amv del slsises ce tiene blar 9 15 3 
Howe paymente shell’ bemmaders. smc ccriens tien hai kncteer ae ar 9 15 73 
Must be submitted to taxpaying voters.......... pawisies 9 15 Ks 
Right to sresulatens eee Bese as pacts tol cderene kee ietre te mene ie tote eet 9 15 Hip 

R 
RAILWAYS— 
See Interchange of Service; Franchises; Street Im- 

provements. 

City has ‘power sto;resilatesspeed cacccveeis suatetcorterstenetoiers ie 2 5 BE 
City has power to require to drain, light, etc., streets.. 2 5 11 
City has power to direct laying of tracks, etc........ 2 5 12 
City has power to require to pay all or part of street 

DAVIN EOS he ies wiGae 0 Sake ctonestiie Shameme ashen ceneie kote: sieeeMe abate fenehae eis 2 5 12 
Must have permission of City to oceupy street........ 2 5 12 
City may prohibit ringing “of pellSwevGern cn. tei elestiene 2 16 22 

RATES— 
Council shall fix and regulate rates of public utilities.. 2 6 13 
City,has power. tO fix rates of “wharfaze,etCun....%. ss. Z 9 16 
REAL ESTATE— : 
Plattin SriOh Niwas ei staede eof slate tensteremnaneters Bile caches Ap en 1 3 9 
City *may ‘own and (Sellen altar eens Ress th ote tate ouratacohe dette 2 1 9 
Owned Dy CEy a5 SicA ws Wid oe ane ocactus pekeneesebeke sterhiinae ley elaiae 2 3 10 
REFERENDUM— 


See Franchises; Initiative and Referendum 


Index to Charter XV 


RECALL OF OFFICERS— Art. Sec. Page 
See Officers. 
REMOVAL FROM OFFICE— 
See Officers. 
RHPEALING CLAUSES— 
MA Ws i neCOnnicty repealedrmins cls cicls s ercvannce eialeat bole eacenscesls 9 18 76 
Where inconsistent, amendment receiving highest vote 
BOOP UC Ctra deat weac ee clea we tities ona tial g Sial puis) cL Sethe acet ace neem utara cry 9 19 76 
REPORTS— 
See Annual Reports. 
RESOLUTIONS— 
See Ordinances. 


SALOONS— 
City may eres latCenet Caras tscilcs oo acts ehetebn Mistake, acshame eacre oe 
SCHOOL TRUSTEES (SCHOOL BOARD)— 


bo 
He 
oO 
bo 
» 


Not to be interested in contract. with Clty. sus. .).h a 2 14 18 
Flow apoointeds terms-of offices etG. >. csuctdate coo ewee 2 14 17 
Shalieiupnishetreen text, HOOKS Ar aye ial cca ete diate lel sire 2 14a 18 
Mayor may veto pecuniary liability created by........ 2 14 18 
SiagkarmMakemtinancialie steal Lemme Mts reve ne creutcts stare ech elerenel eles 2 14 18 
SCHOOLS— ' 
Gityean Ladependent. School] Districtasmas ue wicks sce ccc 2 14 17 
Cite lreasu rer, CUSTOCIANTO tatlNlGS ace c oa tidiol ot eleucielasa es 2 14 18 
Funds shall not be paid out except on rolls or warrant 
signed by President of Board and Mayor, etc........ 2 14 -18 
SEW ERS— " 
GQitvye Mave Maintain nOwlwana-ODCLACz. sa ecieis gists eerste ¢ 2 tf 14 
SIDEW ALKS— 
See Improvement Districts. 
By penal Ordinance, property owner may be required 
COMGOTS CU Chace cut tensbee doled cictanolsctetate Rete hae tealn) Herat sextet sei 4 4 38 
City may build and recover personal judgment plus 
Oo LU OTe OU tsUIL OVO 11 CT cee eeccss efeder ane? chia anevsiecy, apareverae 4 4 38 


SINKING FUNDS— 
See Bonds, Municipal; Improvement Districts. 
City Cduncw shall provide forein, Budget... ike 5 cer sts 7 10 60 
City Council shall provide for by levying tax.......... 3 
SPECIAL BENEFITS— 
See Condemnation; Public Improvements; Street Im- 
provements. 
SPECIAL ASSESSMENTS— 
See Special Benefits. 


STOCK DRIVING— 


City may regulate’ and control’... 20.75. We: Cdn eee Bs 2 16 22 
STORAGE OF LUMBER, ETC.— 
Criijaimavyaenesilateeam cm 2 Onieliibed syeheve sence rie caste of aimtaicnerevche 2 8 alls 


STREETS, ETC.— 
See Animals; Automobiles; City Council; City BEngi- 
neer; City of Houston; Claims and Demands; Con- 


demnation; Franchises; Improvement Districts; 

Parks; Railways; Street Improvements; Street Rail- 

roads. 
Ciivenasetwlie POW er OVE SLECCLS teen oi ealeiela of tere sueieretel’s| ods 2 4 11 
PCA COpaAnds SOOGAORU Clie ipa aie eleketsy sie 2) a) okt total tie sae! fi. ee) shine 2 16 21 

STREET IMPROVEMENTS— 

Qiks Henny day tel Waele AyOrHlice ocicoe MUO t COU oD OD om hide Sec 2 Ta 14 
eHnItIONY OL “EMPLOVEMICTIUS aa sas rcs) ateiielerel si ® ahehoisiie! a1 PP: 4a Al 39 
DOTNIMVOM SOL PELL S IUWiA Vee id enh ome) ailcrs 8 sitcucl store un ebalah clehe | o/akeie! 5) « 4a 2 39 
ADDOLLIONIMENt, Of sCOSUMOL cgeyeretgne <evicseysnekes che; sel sislst cls of a)aiei «1 6 4a 3 39 
Assessment against steam or street railways.......-.. 4a 4 39 
Contractors tor must file price lists; Cte. i vd.n 1. dee 4a 4a, 40 
How installed by abutting OWNETS. ....-6., 0... eseece 4a 5 40 
51 per cent abutting property must petition........... 4a 5 40 
CONLCTIUS Ss Of OCI EL OMe cesta sealer e) ofshelcnahsceneiehes e) sNeyajel ofaratatal'e 4a, 5 40 
Subsequent proceedings after filing petition.......... 4a 5 40 
HOWanitiatead DysOlty 1 COUNCL Leia <i.is)sysha aie dyoie cious: she's ah 4a 5a 42 
FESOLUIPLON DECESSAT Vom sdtarciele ae erenal a ollat cifetavalen lel oie folislia) of oF avian 4a 5a 42 
Subsequent proceedings after adoption of resolution... 4a 5a 42 
Specifications, advertisements and bids for..........-> 4a 6 42 


GONEr ACLS EL OF aes ee Or eave, culscisuse shelslet opal ser arapetanererer esas e)9 4a, 6 43 


Xvi 


Index to Charter 


STREET IMPROVEMENTS—(Continued )— bee 
lel Wabeyers tajeh. dexepaVerthtsim nyc. ses old a ado SI OIA U O Aen OOo ne 
Assessment of benefits may be contested.............. 
EPO WACOTTCST CAS stirs ene earls eke toice folie oe te toRel ow elis MeNonetok sibeve tiated olsits 


Assessment of benefits and fixing of lien.............. 
Cost shall be apportioned according to front foot plan 
Where property exempt, Council may order improve- 

Ment nNOCPMAGEewin + CLON LU sO. sacs nhelelederen lameeens ae rae tet-aeteie 
Duty of Council to correct errors and re-assess, when.. 
Passage Ofaresolution MOtlGese -rehe ieee cube ue yete ts beaten 
Council may cause assignable certificates to be issued.. 
Council may provide that contractors shail look to 

OWNELS ee See eho ale nas eter eke elaialede toledo otete shots tele ter weenie 


STREET RAILROADS— 


See City Council; City of Houston; Franchises; Inter- 
change of Service; Public Utilities; Rates; Streets; 
Street Improvements. 

City SMAY. TELUIATEISP CEUs osha. hats ierels allele Ueuetons telledels ote leteloneks 

City may require certain work on streets occupied by.. 

City may require payment of cost of grading, etc., of 
Streets Or iIntenSeGlLiOn'S< & > cere. hues cike talcet oeehenel Clsietelis tele! stelel te 

Such cost shall be a lien.......... Ws ate tee te koe pape t ebrolretie hour make 

Portion of Street deemed ocecupicdin ci cae eee 

Where street is previously OCGuUpIEGe.. - es -mtetsiele et ie rene 

Where street has been previously improved........... 

Shall not be allowed to occupy street without permis- 
SLONVOTAC Ly G@OUN Cll awe. tee tksi-as is ots Wake bees canis fol le pou Remon cet etetede 

City Council may require isSuance of transfers........ 

City Council may fix fares and require transfers...... 

SU gene atch alobchectbicGar Aan Ania chet ieiood alicia odo ond aoe 

Mayr recover 4penaltty 70. cic - eects stele bette tok eee bance. gee eee Coenen 

Council can not amend franchise without providing for 
transfers under general Ordinance 


City shall have power over service and extensions..... 


OLE miggi sets aieu one Nea rie trerh eairer aie Bick MAS a ars per AR ea Sy olan ace 
Council may compel removal of abandoned tracks 
Council may require vestibuled cars 
City shall have right to require fenders on cars 


ee ececeeee 


SUBDIVISIONS— 


Must be platted to conform to abutting streets, etc.... 


T 


TAXES AND TAXATION— 


See Board of Appraisement. 
Council may levy, assess and collect an ad valorem tax 
Shall not exceed two dollars on the one hundred dollars 

ViEVLUA CLOT HE aiete meer ets tetncs tele le teas Sele Weis Rane ae SLE Ae eae i ene eeme rae 
Twenty-five cents additional may be levied in improve- 

MENTE, GISTLICTS Aon Ausiecshs execs one cele Riehowole temewe Dien Release nemcneaeS 
Property exempted os canes oe Met ae ee eee 
Council may provide for portion of tax necessary under 

Ordinancesorad UNC; 18'S See. so creak thee chaise ana eee ce eye 
Failure during any year to pass Ordinance, the last 

Ordinance levying passed shall govern.............. 
Council may determine when due and payable 
INO poll tax to .be levied aint .cnus ee ee anes Stee were 
All real, personal and mixed property liable....:...... 
Personal property may be levied on and sold.......... 
Amount due upon any species of property may be sued 

for in any court having jurisdiction 
Declared towbera Wien | cae ws ch ee ere ee eS Sed eh 
Duty of every owner to assess his property...........- 
General laws of the State to govern in rendition, unless 

otherwise provided herein 
Mefinition OL Properly & w wee cike ee hie eee einen nena we aaa 
City Council may pass Ordinances providing for the 

collection of ytaxesetCe. Ob cea. Meee eee erie 
Payable at the office of Assessor and Collector........ 
Where owner refuses or fails to assess, the Assessor 

and COMCETOLR IBY > sec. & iti). tire eeemeae aneke ere ates tonne 
Property, not assessed .for prior years... yee ee ee 
Tax rolls and assessment sheets prima facie evidence.. 
All taxes payable in current money of the United States 
May levy and collect one-half occupation taxes and 

licenses collected by State 


612 0» wl ee 0 te 16: 6-6 101 6 Yo 6 


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Index to Charter XVil 
TAXES AND TAXATION—(Continued)— Art. Sec Page 
License or occupation taxes to be paid to Assessor and 
MG OLLECCO Tenet mercer tala corre tetonst cickels ome ec aisle ctavome aie 3 7 29 
All taxes from 1875 to date may be collected by suit.. 3 8 30 
Purchasers takes FSubjecte tonics a. 0s, ot cslenemereuss ate asceaas 3 8 30 
Bute note IaADLER DEFSOMallviwacie ca ekedsiere tic chen stel cee hana ciate 3 8 30 
MTNItaAtlONS Of LOUTPYVCANS cack site tie. ieee nein alte oe 3 8 30 
Mayerecover personal judement fom. ys. «ake tert late ates 3 8 30 
All taxes due by person must be sued for in one suit.. 3 8 ou 
Who necessary parties in suits, and method of pro- 
COCOIN Sie ae Meyer ce ee ener anal Shel ccchehet ol evel atc eG aioe Ande eerie 3 8 31 
Foreclosure and sale by Sheriff to satisfy taxes and 
GCOSUS Me earache tee ehomen ar even oy ficicedaie tor cc ohiotetes aidicuctsreee bere st tol araters 3 8 hal 
Attormey s ltée or 5o77added to COStB eis cea calain ues « 3 8 31 
Assessor’s rolls, etc., prima facie evidence............ 3 9 32 
Deeds of Assessor and Collector from 1890 to 1894 
Primary facier ew ildemCe sre aces cco seek ioe) chats meters Shehe fone areeana atts 3 9 Sa 
DUC PIANUAL Val Sb OTe eViCLY sViCQii. Jiisdre ole ot ditihiness hotlere nt Gene 3 10 2) 
No authority to remit, discount or compromise........ 3 10 32 
Delinquent roll to be published in newspaper.......... 3 al 33 
Sales may be made by Assessor and Collector, and may 
DeELCONUPMNCUn by Vva.C OLN Cll ies sper toe cris cre wekke tenes drove Perera. Sieben « 3 11 316) 
ETE CCLLOLCASCA AACS HAY? aipeie sicters vasielins ueteteren acalieeeiags ohloe of a seks 3 a at 33 
Gity may become purchasersat: Sale@nicc isaett sic os ale 3 11 33 
Failure to prepare delinquent roll or publish same does 
HOt CCtuplia OULU Verse free, cee ote ohana ed eh adele) coe ol Guckewse eles Bie) eal 33 
Stateroom Crty may Me rvVeneurs. lis ahd cies sister creme su che sce ote 3 alal 34 
Delinquent roll must be finished by last of February.. 3 oe 34 
Delinquent roll published in March once a week for 
TOLLE Wil CK Sta cae estore Roce oem Otero isbetet ee Os susesee ath a aars 3 12 34 
Owner may demand written statement of taxes due... 3 12 35 
City may receive payment in advance and allow interest 3 ale: 35 
Abbreviations used and errors in description does not 
TUVALA Chee preteen ere h ected eet op tees ates af oisidcle. of cio evens Slapeca oterehene 3 14 35 
Additional may be collected in improvement districts.. 9 16 3 
TELEPHONES— 
See Interchange of Service. 
City Council) may fixsand regulate’ tolls, ete. ). 5... Sine Z 6 ies 
City may regulate and control service and extensions.. 2 6a 18! 
@itivar layer Olw Tiere CaO UL At Clewsre: au 1-e re ey saci lomels erica: «gsi stiei eke ) ifr (ie 
THEATRES— 
Cityamay. Derinity LOLrbids Ore reswy later wa. sirens el) -)4 CN HEY Piss 16 21 
TRANSFERS— 
See Street Railways. 
Vv 
VAGRANTS—: 
Right to punish. Ee er Rea ee nN The eer eh eae cates eh se RCA evaes 2 16 Zt 
w 
WARRANTS— , 
See Anticipation Warrants. 
Must be signed by Controller and Mayor, ....2...0..... 8 3 6§7 
When signed by Controller, money must be in treasury 8 3 67 
WATERWORKS— 
Citye maya Oil yan CONSCLUCU. OWillse CUG iho siek-yalst a yetal'a eh stel=t «1 2 ii 14 
City May OWN And, TERULALER. fo cals 6 steric are oe eras sie sos 9 15 3 
WEIGHTS AND MEASURES— 
City has right to inspect; to fix standar ds, and to pro- 
vide penalties and inspection feeS.........-..+seeees 2 16 21 
WHARVES AND DOCKS— 
See Harbor and Water Front. 
WORK HOUSES— 
City may establish, maintain, CtC....veccene rene sscens 2 11 16 


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SOME EXTRACTS FROM STATE CONSTITUTION, REVISED CIVIL 
STATUTES AND CODE OF CRIMINAL PROCEDURE RELATING 
TO MUNICIPAL CORPORATIONS. 


(STATE CONSTITUTION.) 


Sec. 1. Guaranty Against Unreasonable Seizures and Searches—The 
people shall be secure in their persons, houses, papers and possessions, 
from all unreasonable seizures or searches, and no warrants to search 
any place, or to seize any person or thing, shall issue without describing 
them as near aS may be, nor without probable cause, supported by oath 
or affirmation. (Sec. 9, Art. 1.) 


Sec.2. Bail—All prisoners shall be bailable by sufficient sureties, 
unless for capital offenses when the proof is evident; but this provision 
shall not be so construed as to prevent bail after indictment found upon 
examination of the evidence in such manner as may be prescribed by law. 
(eeC. tt ATL by) 


Sec. 3. Excessive Bail and Fine; Courts Open—Excessive bail shall not 
be required, nor excessive fines imposed, nor cruel or unusual punishment 
inflicted. All courts shall be open, and every person for an injury done 
him, in his lands, goods, person or reputation, shall have remedy by due 
course of law. (Sec. 18, Art. 1.) 


Sec. 4. Bill of Attainder and Ex Post Facto Law—No bill of attainder, 
ex post facto law, retroactive law, or any other law impairing: the obliga- 
tion of contracts, shall be made. (Sec. 16, Art. 1.) 


Sec.5. Eminent Domain; Privileges and Franchises—No person’s prop- 
erty shall be taken, damaged or destroyed for, or applied to public use, 
without adequate compensation being made, unless by the consent of such 
persen; and, when taken, except for the use of the State, such compen- 
sation shall be first made, or secured by a deposit of money; and no irrey- 
ocable or uncontrollable grant of special privileges or immunities shall 
be made; but all privileges and franchises granted by the Legislature, or 
created under its authority, shali be subject to the control thereof. (Sec. 
ii. Art: 1) 


Sec.6. Right to Bear Arms—H very citizen shall have the right to keep 
and bear arms in the lawful defense of himself or the State; but the 
Legislature shall have power, by law, to regulate the wearing of arms, with 
a view to prevent crime. (Sec. 23, Art. 1.) 


Sec. 7. Perpetuities; Monopolies, Primogeniture; Entailments—Perpe- 
tuities and monopolies are contrary to the genius of a free government, 
and shall never be allowed, nor shall the law of primogeniture or en- 
tailments ever be in force in this State. (Sec. 26, Art. 1.) 


Sec. 8. Assemblies; Petitions—The citizens shall have the right, in a 
peaceable manner, to assemble together for their common good; and to 
apply to those invested with the power of government for redress of 
grievances or other purposes, by petition, address or remonstrance. (Sec. 
ai, Art. 1.) 


y Extracts from Constitution 


é 


Sec.9. Power to Suspend Laws—No power of suspending laws in this 
State shall be exercised except by the Legislature. (Sec. 28, Art. 1.) 


Sec. 10. Extra Compensation by Municipal Corporations—The Legis- 
lature shall have no power to grant, or to authorize any county or munici- 
pal authority to grant, any extra compensation, fee or allowance to a 
public officer, agent, servant or contractor, after service has been ren- 
dered, or a contract has been entered into, and performed in whole or in 
part; nor pay, nor authorize the payment of, any claim created against 
any county or municipality of the State, under any agreement or contract, 
made without authority of law. (Sec. 53, Art. 3.) 


Sec.11. No Power to Release Debts—The Legislature shall have no 
power to release or extinguish, or to authorize the releasing or extin- 
guishing, in whole or in part, the indebtedness, liability or obligation of 
any incorporation or individual, to this State, or to any county or other 
municipal corporation therein. (Sec. 55, Art. 3.) 


Sec. 12. Voters Privileged From Arrest—Voters shall, in all cases, 
except treason, felony or breach of the peace, be privileged from arrest 
during their attendance at elections, and in going to and returning there- 
from. (Sec. 5, Art. 6.) 


Sec. 13. Corporations; Power to Tax Shall Not Be Suspended—The 
power to tax corporations and corporate property shall not be surrendered 
or suspended by act of the Legislature, by any contract or grant to which 
the State shall be a party. (Sec. 4, Art. 8.) 


Sec. 14. Taxation; Poll, Occupation and Income; Equal and Uniform; 
Exemptions; Limitations Upon Cities, Etc.—Taxation shall be equal and 
uniform. All property in this State, whether owned by natural persons 
or corporations, other than municipal, shall be taxed in proportion to its 
value, which shall be ascertained as may be provided by law. The Legis- 
lature may impose a poll tax. It may also impose certain occupation taxes 
both upon natural persons and upon corporations, other than municipal, 
doing any business in this State. It may also tax incomes of both natural 
persons and corporations other than municipal, except that persons en- 
gaged in mechanical and agricultural pursuits shall never be required to 
pay an occupation tax; provided, that two hundred and fifty dollars 
worth of household and kitchen furniture, belonging to each family in this 
State, shall be exempt from taxation, and provided further that the 
occupation tax levied by the county, city or town for any year on persons 
or corporations pursuing any profession or business, shall not exceed one- 
half of the tax levied by the State for the same period on such profession 
or business. (Sec. 1, Art. 8.) 


Sec. 15. Occupation Tax; Exemptions—All occupation taxes shall be 
equal and uniform upon the same class of subjects within the limits of the 
authority levying the tax; but the Legislature may, by general laws, 
exempt from taxation public property used for public purposes; actual 
places of religious worship; places of burial not held for private or cor- 
porate profit; all buildings used exclusively and owned by persons or asso- 
ciations of persons for school purposes, and the necessary furniture of all 
schools, also the endowment funds of such institutions of learning and 
religion not used with a view to profit and when the same are invested in 
bonds or mortgages, or in land or other property which has been and shall 
hereafter be bought in by such institutions under foreclosure sales made 


Extracts from Constitution 3 


to satisfy or protect such bonds or mortgages; that such exemption of 
such land and property shall continue only for two years after the pur- 
chase of the same at such sale by such institutions and no longer, and 
institutions of purely public charity; and all laws exempting property 
from taxation other than the property above mentioned shall be null and 
void. ~€Sec. 2, Art. 8.) 


Sec. 16. Railroad Taxes Due Cities and Towns—All property of railroad 
companies, of whatever description, lying or being within the limits of 
any city or incorporated town within this State, shall bear its propor- 
tionate share of municipal taxation, and if any such property shall not 
have been heretofore rendered, the authorities of the city or town within 
which it lies shall have power to require its rendition, and collect the 
usual municipal tax thereon, as on other property lying within said mu- 
nicipality. (Sec. 5, Art. 8.) 


Sec. 17. Not to Become Stockholders or Make Donations—No county, 
city, or other municipal corporation, shall hereafter become a subscriber 
to the capital of any private corporation or association, or make any 
appropriation or donation to the same, or in anywise loan its credit; but 
this shall not be construed in any way to effect (affect) any obligation 
heretofore undertaken pursuant to law. (Sec. 3, Art. 11.) 


Sec. 18. Cities of Five Thousand; Taxation. and Debt—Cities having 
more than five thousand (5000) inhabitants may by a majority vote of 
the qualified voters of said city, at an election held for that purpose, 
adopt or amend their charters, subject to such limitations as may be pre- 
scribed by the Legislature, and providing that no charter shall contain 
any provision inconsistent with the Constitution of the State, or of the 
general laws enacted by the Legislature of this State; said cities may 
levy, assess and collect such taxes as may be authorized by law or by 
their charters; but no tax for any purpose shall ever be lawful for any one 
year which shall exceed two and one-half per cent of the taxable property 
of such city, and no debt shall ever be created by any city, unless at the 
same time provision be made to assess and collect annually a sufficient 
sum to pay the interest thereon and creating a sinking fund of at least 
two per cent thereon; and provided, further, that no city charter shall 
be altered, amended or repealed oftener than every two years. (Sec. 5, 
PATE eci La) 


Sec.19. Municipal Taxation—Counties, cities and towns are author- 
ized in such mode as may be now or may hereafter be provided by law, 
to levy, assess and collect the taxes necessary to pay the interest and 
provide a sinking fund to satisfy any indebtedness heretofore legally 
made and undertaken; but all such taxes shall be assessed and collected 
separately from that levied, assessed and collected for current expenses 
of municipal government, and shall when levied specify in the act levying 
the purpose therefor, and such taxes may be paid in the coupons, bonds or 
other indebtedness for the payment of which such tax may have been 
levied. (Sec. 6, Art. 11.) 


Sec. 20. Public Property; Buildings, Etc.—The property of counties, 
cities and towns, owned and held for public purposes, such as public 
buildings and the sites therefor, fire engines and the furniture therefor, 
and all property used, or intended for extinguishing fires, public grounds 
and all other property devoted exclusively to the use and benefit of the 
public, shall be exempt from forced sale and from taxation, provided, 


4 Extracts from Constitution 


nothing herein shall prevent the enforcement of the vendor’s lien, the 
mechanic’s or builder’s lien, or other liens now existing. (Sec. 9, Art. 11.) 


Sec. 21. City or Town May Be Schoo! District; Special Tax—The Leg- 
islature may constitute any city or town a separate and independent school 
district. And when the citizens of any city or town have a charter, 
authorizing the city authorities to levy and collect a tax for the support 
and maintenance of a public institution of learning, such tax may hereafter 
be levied and collected, if at an election, held for that purpose, two-thirds 
of the taxpayers of such city or town shall vote for such tax. (Sec. 10.) 


Sec. 22. Official Oath—Members of the Legislature, and all officers, 
before they enter upon the discharge of their duties, shall take the 


folowing cath or affirmations: L°Gs iawiee ), do solemnly swear (or 
affirm) that I will faithfully and impartially discharge and perform all 
the duties incumbent upon me @aS.............. , according to the best of 


my skill and ability, agreeably to the Constitution and laws of the United 
States and of this State. I, being a citizen of this State, have not fought 
a duel with deadly weapons, within this State nor out of it, nor have I 
sent or accepted a challenge to fight a duel with deadly weapons, nor 
have I acted as a second in carrying a challenge, or aided, advised or 
assisted any person thus offending: And I furthermore solemnly swear 
(or affirm) that I have not directly nor indirectly paid, offered or prom- 
ised to pay, contributed, nor promised to contribute any money, or valuable 
thing, or promised any public office or employment, as a reward for 
the giving or withholding a vote at the election at which I was elected 
(or if the office is one of appointment, to secure my appointment), so help 
me God. (Sec. 1, Art. 16.) 


(REVISED CIVIL STATUTES OF 1911.) 


Sec. 23. Report, Annual, of County or City Treasurer to Comptroller, 
Requisites of—lIt shall be the duty of the treasurer of each county in this 
State, and of each city, whether incorporated under the general law or by 

special charter, to make an annual report to the comptroller of public 
- accounts of this State on the first day of August of each year, showing the 
condition of the interest and sinking fund for each set of bonds of said 
county or city outstanding on the thirtieth day of June of each year, 
which said report shall be made under oath, and shall show: 


First—The outstanding bonded indebtedness of said city or county, 
giving date when issued, the amount of each set of bonds, the rate of in- 
terest they bear and when they mature. 


Second—The tax levy in force to provide for the interest and sinking 
fund on each set of bonds. 


Third—The amount on hand to the credit of the interest and sinking 
fund of each set of bonds, showing whether in cash or securities. 

Fourth—The amount received by the said fund since last report, and 
from what source. 

Fifth—The disbursements from said fund since last report, and for 
what purpose. 


Sixth—The amount of said bonds redeemed since last report, and the 
amount still outstanding. (Art. 699.) 


Sec. 24. Draft on Sinking Fund Not to Be Honored by Treasurer Ex- 
cept for Interest, Redemption or Investment—No city or county treasurer 


Extracts from Statutes 5 


shall honor any draft upon the interest and sinking fund provided for any 
of the bonds of such city or county, nor pay out nor divert any of the 
same, except for the purpose of paying the interest on such bonds or for 
redeeming the same, or for investment in such securities as may be pro- 
vided by law. (Art. 700.) 


Sec. 25. Penalties for Failure to Report or For Diversion or Misappro- 
priation—Any treasurer who shall fail to make the reports provided for 
in Article 699, or who shall divert said fund or apply said fund for any 
other purpose than as permitted by Article 700, shall be subject to a pen- 
alty of not less than five hundred dollars nor more than one thousand 
dollars, to be recovered by the State, and, in addition thereto, shall be 
liable for the amount of such fund so diverted. (Art. 701.) 


Sec. 26. Corporation Court Created—There is hereby created and estab- 
lished in each of the cities, towns and villages of the State, now or here- 
after incorporated, whether by general or special act, a court to be known 
as the corporation court in such city, town or village, which court shall 
have jurisdiction and organization hereinafter prescribed. (Art. 903.) 


Sec. 27. Jurisdiction—Said court shall have jurisdiction within the 
territorial limits of said city, town or village, within which it is estab- 
lished, in all criminal cases arising under the ordinances of the said city, 
town or village, now in force, or hereafter to be passed, and shall also 
have jurisdiction concurrently with any justice of the peace in any pre- 
cinct in which said city, town or village is situated, in all criminal cases 
arising under the criminal laws of this State, in which the punishment is 
by fine only, and where the maximum of such fine may not exceed two hun- 
dred dollars and arising within the territorial limits of such city, town or 
village. (Art. 904.) 


Sec. 28. Seal of Corporation Court—The said corporation court shall 
have a seal, having engraved thereon a star of five points in the center, 
and words,: Corporation Court in os... .'s Soe , Texas,” the impress of 
which shall be attached to all proceedings, except subpoenas, issued out 
of said court, and shall be used to authenticate the official acts of the 
clerk and of the recorder where he is authorized or required to use the 
seal of office. (Art. 910.) 


Sec. 29. Complaint, How Commenced and Concluded; Prosecution Con- 
ducted by City Attorney or Deputy; County Attorney May Also Represent 
the State, but No Fees; Process—In all prosecutions in said court, whether © 
under an ordinance or under the provisions of the Penal Code, the com- 
plaint shall commence in the name of the State of Texas, and shall con- 
clude, “against the peace and dignity of the State’; and where the offense 
is covered by any ordinance, the complaint may also conclude, as “con- 
trary to the said ordinance”; and all prosecutions in such court shall be 
conducted by the city attorney of such city, town or village, or by his 
deputy; but the county attorney of the county in which said city, town or 
village is situated may, if he so desires, also represent the State of Texas 
in such prosecutions, but, in all such cases, the said county attorney shall 
not be entitled to receive any fees or other compensation whatever for 
said services, and in no case shall the said county attorney have power 
to dismiss any prosecution pending in said court, unless for reasons 
filed and approved by the recorder of said court. (Art. 911.) 


6 Extracts from Statutes 


Sec. 30. Council to Prescribe Rules for Collecting Fines and Costs, 
Practice, Etc.; Rules in Meantime—The council or board of aldermen of 
each such city, town or village shall, from time to time, by ordinance, pre- 
scribe such. rules, not inconsistent with the provisions of this chapter, nor 
other laws of this State, as in the discretion of the council or board of 
aldermen may be proper to enforce, by execution against the property of 
the defendant, or imprisonment of the defendant, the collection of all 
costs and fines imposed by such court as herein created and established, 
and shall also have power to adopt such rules and regulations concerning 
the practice and procedure in such court as said council or board of alder- 
men may deem proper, not inconsistent with the provisions of this chap- 
ter nor other law of this State; and, until the passage of such ordinance, 
all rules and regulations of such city, town or village now in force concern- 
ing the municipal courts therein, and the enforcement of collection of 
fines and costs imposed by such court, shall be applicable to the court 
hereby created and established. (Art. 912.) 


Sec. 31. Fines and Costs Paid Into City Treasury, Etc.—All costs and 
fines imposed by the said court in any city, town or village, in any prose- 
cution therein, shall be paid into the city treasury of said city, town or 
village, for the use and benefit of the city, town or village. (Art. 913.) 


Sec. 32. Costs to Be Collected as Provided by Ordinances, but Not 
Greater Than in Justices’ Courts—There shall be taxed against, and col- - 
lected of, each defendant, in case of his conviction before such. court, such 
costs as may be provided for by ordinance of the city, town or village; 
but in no case shall the council or board of aldermen of any such city, 
town or village prescribe the collection of greater costs than are pre- 
scribed by law to be collected of defendants convicted before justices of 
the peace. (Art. 914.) 


Sec. 33. Jury and Witness Fees, and Enforcing Attendance of Wit- 
nesses According to Code of Criminal Procedure—The provisions of the 
code of criminal procedure, now in force regulating the amount and col- 
lection of jury and witness fees, and for enforcing the attendance of 
witnesses in criminal cases, tried before a justice of the peace, shall, so 
far as applicable, govern and be applicable to the trial of cases before the 
corporation court herein created and established. (Art. 915.) 


Sec. 34. Judges May Punish for Contempt as County Judge; May Take 
Recognizances, Admit to Bail, Etc., Under Rules in County Court—The 
judge of said corporation court shall have the power to punish for con- 
tempt to the same extent and under the same circumstances as the county 
judge may punish for contempt of the county court. He shall have power 
to take recognizances, admit to bail, and. forfeit recognizances and bail 
bonds under such rules and regulations as now govern the taking and for- 
feiture of the same in the county court. (Art. 916.) 


Sec. 35. Process How Served; Defendant Entitled to Notice of Com- 
plaint, if Demanded—All process issuing out of said corporation court 
shall be served by the chief of police or any policeman or marshal of the 
city, town or village within which it is situated, under the same rules and 
regulations as are now provided by law for the service by sheriffs and 
constables of process issuing out of the county court, so far as the same 
are applicable. But each defendant shall be entitled to at least one day’s 
notice of any complaint against him, if such time be demanded. (Art. 
SL ie) 


Extracts from Code, Procedure fi! 


(CODE OF CRIMINAL PROCEDURE OF 1911.) 


Sec. 36. Warrant Issued by Mayor, Directed to Whom—Warrants issued 
by a mayor or recorder are directed to the marshal or other proper officer 
of the town or city where the criminal proceeding is had; but in case 
there be no such officer the process issued by a mayor or recorder shall 
be directed to any peace officer within the city, town or county, and shall 
be executed by such officer. (Art. 967.) 


Sec. 37. Warrant Issued by the Mayor, Etc., May Be Executed, Where— 
When the party for whose arrest a warrant is issued by a mayor or re- 
corder is not to be found within the limits of the incorporation, the same 
may be executed anywhere within the limits of the county in which such 
incorporation is included, by the marshal or other proper officer of such 
town or city, or by any peace officer of such county, and may be executed 
in any county in the State under the same rules governing warrants of 
arrest issued by a justice of the peace. (Art. 968.) 


Sec. 38. The Mayor’s or Recorder’s Docket; What It Shall Show—Each 
- justice of the peace,-mayor and recorder shall keep a docket, in which he 
shall enter the proceedings in all examinations and trials for criminal 
offenses had before him, which docket shall show: 

1. The style of the action. 

2. The nature of the offense charged. 

3. The date of the issuance of the warrant and the return made thereon. 

4. The time when the examination or trial was had, and, if the same 
was a trial’ whether it was by a jury or by himself. 

5. The verdict of the jury, if any. 

6& The judgment of the court. 

7. Motion for new trial, if any, and the action of the court thereon. 

8. Notice of appeal, if any. 

9, ‘Fhe time when and the manner in which the judgment was enforced. 
(Art. 969.) 


Sec. 39. Certified Transcript of Docket to Be Filed with the Clerk of the 
District Court—At each term of the District Court each justice of the 
peace, mayor and recorder in each county shall, on the first day of the 
term of said court for their county, file with the clerk of said court a cer- 
tified transcript of the docket kept by such justice, mayor or recorder, as 
required by the preceding article, of all criminal cases examined or tried 
pefore him since the last term of such district court; and the clerk of 
such court shall immediately deliver such transcript to the foreman of 
the grand jury. (Art. 970.) 


Sec. 40. Who Are Peace Officers—The following are “peace officers”: 
The sheriff and his deputies, constable, the marshal (chief of police), 
constable or policeman of an incorporated town or city, and any private 
person specially appointed to execute criminal process. (Art. 43.) 


Sec. 41. Duties and Powers of Peace Officers—It is the duty of every 
peace officer to preserve the peace within his jurisdiction. To effect this 
purpose he shall use all lawful means. He shall, in every case where he 
is authorized by the provisions of this code, interfere without warrant to 
prevent or suppress crime. He shall execute all lawful process issued to 
him by any magistrate or court. He shall give notice to some magistrate 
of all offenses committed within his jurisdiction, where he has good 
reason to believe there has been a violation of the penal law. He shall 
arrest offenders without warrant in every case where he is authorized by 


8 Ea«tracts from Code, Procedure 


4 


law in order that they may be taken before the proper magistrate or court, 
and be brought to punishment. (Art. 44.) 


Sec. 42. Peace Officer May Summon Citizens to His Assistance— 
Whenever a peace officer meets with resistance in discharging any duty 
imposed upon him by law, he shall summon a sufficient number of citi- 
zens of his county to overcome the resistance, and all persons summoned 
are bound to obey, and if they refuse are guilty of the offense prescribed 
in Article 245 of the Penal Code. (Art. 45.) 


Sec. 43. Persons Refusing to Be Liable to Prosecution—The peace 
officer who has summoned any person to assist him in performing any 
duty shall report such person,.if he refuses to obey, to the district or 
county attorney of the proper district or county, in order that he may be 
prosecuted for the offense. (Art. 46.) 


Sec. 44. Officer Neglecting to Execute Process May Be Fined for Con- 
tempt—If any sheriff or other officer shall wilfully refuse, or fail from 
neglect to execute any summons, subpoena or attachment for a witness, 
or any other legal process, which it is made his duty by law to execute, he 
shall be liable to a fine for contempt of not less than ten nor more than 
two hundred dollars, at the discretion of the court having cognizance of 
the same, and the payment of said fine shall be enforced in the same 
manner as fines for contempt in civil cases. (Art. 47.) 


Sec. 45. Arrest Without Warrant, When—A peace officer, or any other 
person, may, without warrant, arrest an offender, when the offense is com- 
mitted within his presence or within his view, if the offense is one classed 
as a felony, or as an “offense against the public peace.” (Art. 259.) 


Sec. 46. Same Subject—A peace officer may arrest without warrant 
when a felony or breach of the peace has been committed in the presence 
or within the view of a magistrate, and such magistrate shall verbally 
order the arrest of the offender. (Art. 260.) 


Sec. 47. Municipal Authorities May Establish Rules for Arrest Without 
Warrant, When—The municipal authorities of towns and cities may 
establish rules authorizing the arrest without warrant of persons found 
in suspicious places, and under circumstances that reasonably show that 
such persons have been guilty of some felony or breach of the peace; or 
threaten or are about to commit some offense against the laws. (Art. 261.) 


Sec.48. May Arrest Without Warrant When Felony Has Been Com- 
mitted—Where it is shown by satisfactory proof to a peace officer, upon 
the presentation of a credible person, that a felony has been committed, 
and that the offender is about to escape so that there is no time to pro- 
cure a warrant, such peace officer may without warrant pursue and arrest 
the person accused. (Art. 262.) 


Sec. 49. In All Such Cases the Officer May Adopt Same Measures As, 
Etc.—In all the cases enumerated where arrests may be lawfully made 
without warrant the officer or other person making the arrest is justified 
in adopting all the measures which he might adopt in cases of arrest 
under warrant, as provided in this Code. (Art. 263.) 


Sec.50. In Such Cases Must Take the Offender Before the Nearest 
Magistrate—In all the cases enumerated in this chapter, the person mak- 
ing the arrest shall immediately take the person arrested before the mag- 
istrate who may have ordered the arrest, or before the nearest magistrate 
where the arrest was made, without an order. (Art. 264.) 


INDEX 
TO 


Extracts from State Constitution, Etc. 


ANNUAL REPORT— 
See Treasurer. 


ARRESTS 

See Warrants of Arrest; Peace Officers. 
ARMS— 

ISO (SOL sO MZene UO. Dea baat erok tn okic ena ee eset. pel tt 
ASSEMBLIES 

RISB OD GIbIZeta CONASS INDIE mae yc eal bac woes a os le wetter. 
BATL— 

All prisoners .bailable, except for capital offenses.............. 


HC Geass iviewiTO te. COmsDeacec til ne Gmmmmea mat ater t tifa yr a Shred we eye le 


BILL OF ATTAINDER— 


INTE BOE EU CUSS CCl ts Wayne Mak Geran LE real mes Ale one 5) ey ee eee 


BILL OF RIGHTS— 

See Sections 1 to 9. 
BRIBES— ° 

See See. 2, Art. 16, State Constitution. 
CITIES— 

See Municipal Corporations. 
CEPDY ATTORNEY. — 

See Corporation Court. 
COMPLAINTS— 

See Corporation Court. 
CONDEMNATION— 

See Property. 
CORPORATION COURT— 


GUEA CLO EO iamoyiet caw Ta eee af eke ARLE Cos: ative’ os ogc oue os Sic ale cromttantisel ats 
SUAS OEE LO ne O lee ah rte ae erase ae hoe oo Sas coe hig emer teats 
Sal ILO ste pepsin eth wad fb cies oP Ryden SCD NIM cong ai cs aie 2 or LAr ake Boots Barb eae 
Deaksesiia bln wea ab CACM eC Gig CIA RaCere ic sche soc a\cte shale caelatab el paten der aay 
Complaints in, how commenced and concluded. .:::. 0.2.02 240..% 
CitveLttocners tOxpROSECULECHMiceeate-: flerclcesMelorsds tote nice Wehcs koabeimeltote Matte 
County Attorney may also prosecute in, but no fees........... 


Gl els ae 


Co RE 


aie ce 0 8 


Section 


[oP 


Oo bo 


= 


bo DS bo bk po DS be 
memo MmmAmD 


City Council to’ prescribe rules of practice; ete... ). 5... ...«. eels cy metas 30 
City Council to prescribe rules for collection of fines and costs...... 30 
All fines and costs imposed by, to be paid into City treasury........ 3 
Cosistiaxecd  topberprovideditby OTGiImanGen hy wurde: aletuceeiee crane a> aileisitan, « 32 
Costs insnet to-be greater: than in Justice’s Court. 3.00. e oe ale 32 
POEL We Set eee EIST G he o.t fisia c's aceasta eae ee aes 3 
mc OLeimn Ss ApteNnOanGer Of switieSSeS 2.) Sng ory cise. oie oe eee. ehaveithanskenel Greks, orabens 3 
JIMA Ler Of eA Veep CS ie t-OINE COMET P Cp VOW stus cues le alnw tee tieal aeapreetiesile) ayia ee ove 34 
Judge of may take recognizances, admit to bail, etc................. 34 
Defendant entitled to one day’s notice of complaint, if demanded.... 3 
Warrants 1S Sieds DynsGirecteG: EO. WIHOM 3 wt olershereteree are e ve we elevate eee a 36 
Warrants issued’ by, Jnay be executed where). ae oe ee ene 37 
FVECORG Clee COLI EEDI GOGH EUs: tee ta che ls Wiehen cielo cao lauaieial tate rahe Gentine eat sMasever Rie, tare 38 
FWY ACLOCK beso LIM ShiOmiaiecitnn e tescetetel are arte ad opeanc mare Stel eels shalt tie PRaaas oe ly tena Bis 39 
Certified transcript of docket to be filed, when and where............ 40 
CORPORATIONS, MUNICIPAL— 
See Municipal Corporations. ° 
CORPORATIONS, PRIVATE— 
POW erelontax cien shall note bewSsuspemad ed) CEG ta vrs; buses che cis elect esa, 13 
Municipal corporations shall not become stockholder in, etc......... inti 
Municipal corporations shall not make donations to, etc............. a7 
COSTS— 
See Fines and Costs. 
DEBTS— ; 
Legislature cannot release, etc., debts due municipal corporations... 11 
Shall not be created without provision for payment of interest and : 
rane ee 8 


CLVCAM OES tees TK LI Si CLEN Cohasset «, b'aP oly Sak ues Caters LG’ oy shin lcties a, iets) sired a ¥, ce. oils 


ii Index to Extracts from State Constitution, Ete. 


DOCKET— Section 


See Corporation Court. 


DUELING— 
See Oath of Office. 


EMINENT DOMAIN— 
See Property. 


EX DOULION— 
See Municipal Corporations; Corporation Court. 


EX POST FACTO LAWS— 
Shall not be made 


FERES— 
County Attorney not to receive fees in Corporation Court 
City Council to prescribe rules, etc., for collecting, etc 


FINES AND COSTS— 

MxGCessive fines shall not bem mpOse dae meter meee erate 
City Council to prescribe rules, ete., to enforce collection of......... 
City Council may by Ordinance provide for enforcement of collection 

by-execcution arainst property Ofeaerendanit ie oe iis eee eee 
City Council may prescribe rules, etc., to enforce collection of by im- 

prisonment ot defendant sce. sesso cre ee ee een ee ete ieee ae ee 
All sto: ‘be paid. IntovrCity treasury Rus one eecdee en heeete seen eens ene ana ee 
Costs to be provided by Ordinance, not greater than in Justice’s Court 


FRANCHISES— 
See Special Privileges, etc. 


INTEREST AND SINKING FUND— 
See Debt; Taxation; Treasurer; Municipal Corporations. 


JURY AND WITNESS FEES 
Sanrevas 7 1n sd WStieers: COUT ta ccs ee erotic ee sen ee te ree 


LAWS— 
Merislature alone has pow erelovSUSPen Cae nec. cay nie het cen esos ener ne: ments 
MONOPOLIHS— 
Shallineyervbes allow dian shart ccc clare bine wr oe eenees at arene ee eee eareees Bit. fre 
MUNICIPAL CORPORATIONS— 
Irrevocable grants of special privileges, etc., shall not be made...... 
Perpetuities and monopolies shall never be allowed J RRR SIRE b Mya? Go Seas Sate 
INO: DOW EE LOCSILSD CMU Gta WeSia seine cco oie iat cc cnietee Cena aena ome Lan Puree a ere Ac rae 
Shall not grant extra compensation, etc., to paBle OMVGers2et Cael asses 
Power to tax corporations, etc., shall not be surrendered, etc........ 
Waxes: Shall bevequal Andeuni lor acs. ated ona ieher ce cr iher atone ieee naar ete 
Property and incomessorenot subyece cOptaxallom we.) hee ieee ey kere nae 
Occupation taxes, shall be,equal and umit Ormiy-etG-o were etree eis © aecens 
Occupation taxes levied by, shall not exceed one-half that levied by 
Startle ei a Se es eer ey Ses eat en Te sor ies RAO etree ik nov iaa hl Bele cena ly ai pgae 
Railroad property shall bear proportionate share of TESOS Era ook. teretawals 
Shall not become stockholders in or make donations, etc., to private 
COLDOLACION Sy. io eee eee che ae aide tonal eres Pod-o-s te een cite eae Rares cleo eine ate: 
Having more than 5,000 inhabitants, may by majority vote adopt, 
ETtE5s Charter tee Wes eke heaton ie tap ean cists eet clears: este Tome asf aan ae arene REO Gea eet 


0079) \0) Ae) a ye 58 10) See OF ege, 6 6)ce ke eye Cue 1b enV elsb na v6 Unie 0) 'akené i5) wish ers sh: 6) <6? ste elle 


2. 10 Pee uM eh! ewe ce 


2 phe: oii0, ie (0\76 ‘60; » 0% 6 


Shall not levy tax to exceed two and one-half per cent taxable values 
Debts shall not be created without provision for payment of interest 

ANGHCFEATIONGO L SINKS nt UT Oleetiiehs career oc sepieslie ct aaie cea etw inant Sere enya ae 
Charter shall not be altered, etc., oftener than every two years...... 
May levy, etc., taxes necessary to pay interest and provide sinking 

EUTIAYNELCIS ken oes, cha het Se aware bal we ae Laas Vo..a terion eeneniat sy obec oh eee MEI Pee eRe ee eR 
Shall be levied separately from those for current expenses.......... 
The act levying shall: specify. thespurp OSes. .: cuicinus ae ehetcdeds ice ven wee eueenrae 
Such taxes may be paidin’ COmpons; AOtG:. wre selelene Pete orbs ebaicue tea oneniene ie ie 
Property of shall-be-exempt ‘from forced sale etc. i... se aces 
May, bec constituted*independent school GiStrictis mac... ac eile sien cteree: 
Taxes for support public institution of learning may be levied, when 
May establish rules authorizing arrest without warrant............ 


OFFICHRS— 
See Municipal Corporations; Peace Officers; Oath of Mffice; Cor pora- 
tion Court. 


PEACE OFFICERS— 
WT ORATION A eR Ie 2 Sed ASS coerce tears este Rent ais ae See Cee re Seem ea ean 
Duties ka nd pOW-CLS* © Leicsssiay~ Cae oe eee ee es Te ene ea aces 
MAAVAISUIMMON- CLeIZeENnsS tO WIS JAS SUSTATUCE her te cin nisin nei seen mete teem ictene le 
Persons refusing to assist, liable to prosecution............ ecieerae at tins 
Neglecting to execute process, may be fined for contempt........... 
May larrest withoutiwarranty WH eriactaecetcer ate che Rel ceee ae A meta tse 


Index to Extracts from State Constitution, Etc. iii 


PEACE OFFICERS—(Continued)— Section 


Municipal authorities may establish rules for arrest without war- 
MetTL COWL ie Tine arseko see ounl alata hetan leeiter acest crat su sect ok fetal sme tectlecet alder & dtelo steele ai Selena 47 
May arrest without warrant when felony has been committed....... 48 
Measures which may be adopted in making arrests without warrant. 49 
Where Ofengders arrestedsmust. DG! taken on wecteiaie odie cua lic ds cues 50 
PERPETUITIES— 
SHAMATEVEE DES aL Owic Camansel sitar twee cleat ote Lok seme hone nelle mena) or Raden enema Nhe ale iaure 7 
Irrevocable, etc., grants, special privileges, etc., shall not be made... 5 
PETITIONS— 
Git ZeNnSe Mans DeliLlOny LOT FEO KESS VEL Gu ie ay utah srsd teem he wget Mice 8 
PROPER TY— 
Shallenotspe taken, 6te,,-without compensations...) tect co es + hele SB 
Compensationemust-be fivst madewswilenytalcen occ a ver clos athe eles 5 
SUI CCUMEO AMAL LOT parapet olay sce a Cer cuss Hee eae oie are cake tn sale ates wee dear 62 14 
COLDOLATe SU DIJECty TOMEAX GALLON Ge een Nee a iedelcie s aiccene cathe abiWiue cuaseree dees £3 
isto Sucay ons Kan aves om May aay ely Gen aa Oliver ey nue aus ty ic can cos ORG DAS REE Cato Se Diao She en Cee ge a 05 
EaNroad shall spear proportlonatversiarercor Waxes) ci ear) ais eee a a) 16 
Places Geen pte ti OMe LAX a lL ON rai Sens sae eae sc mcmerersne es weaet Poise wee. cre ee ahel 20 


PUBLIC PROPERTY— 
See Property. | 
RAILROADS— 
IeTOVer iy Olea OCC lee Or Calce tL O ln leactaren eeearai nen alee she sete: oy at eerste Teele. Motel ailatws sats 16 
RECORDER’S COURT— 
See Corporation Court. 
RETROACTIVE LAWS— 


titer Mere © Gere TNL CL Shopseewe cect wcaliat cc oicccenaitucen Rene mCR enon nav eneMeitehn dcr chay oes faceone ts ioe 4 
SCHOOLS— A 
Legislature may constitute City independent school district......... 21 
Two-thirds of taxpayers must vote for tax levy to support public 
AOStICU LOMO LCA GIVI ote CLC 3 hain sek ten evaneatarct onset adele s sVe.ohiiciece «7s le oleiehe, 21 
SEIZURES AND SEARCHES— 
Dhespeoplershalleve: freer Crom: UNTCASONA DIC a sl eciers clears acetone, atiane lave ate 1 
TAXATION— 
See Municipal Corporations; Corporations, Private; Property; Rail- 
roads. 
iPower. to tax) corporations shallb not ber Suspended, Ct@. sae. e ec = £3 
Phares Shial haperecral ar Oe Uri OLIN aaeter etter tect ele soe tie) Goes) reid) eilelaliscere hie «ls ors 14 
Propertyeshalian cota xed nine pro pOrtiO1 tO wv LUOsi: acces “occ e's, 2 <tr le cate 14 
Occupation taxes shallepe equalvand) Unitonmen savers eke ieee aceiale ss 15 
Cities may collect one-half that collected by State.................. 14 
EE VOT CLOMS HELO Tike Ua OS canetes ele pert cere ronan cei lgi a meetenetere Chae dio DicceveFel'esauerai ener 14, 20 
Legislature may exempt by general laws, what.............0++.+c00. 15 
MAU LOAM DhRODEEUV USTED JEG ls LOmpay th iar Uaisersvammreeavare, ahocanel a. cveiteive: CLercue "* eiar eons aus 16 
Cities may by their Charters provide for tax of not exceeding two 
and.one-halteneracemty Omura xa DLer ValWesmepucaatddsecta soles. sites d «atl, slose a. 18 
GALLE VL CVV CE Gli te eae Gaby ocala) aay RMU oa onset ee Eee ayiey esral hrooes ac Mlaasten ef noes 19 
MVEATINE GnOts Le Vaviin as Cb Crp ncy see -cehad dave decaliter bavekaicreedealenoberehacs, sated ec Sistenare seve 19 
Two-thirds of taxpayers must vote for tax to support public institu- 
TLOTIEO PVE Aa NLT here eich e ren etcsashoe ol otter e cham at ama ee Paral acra tes « ebelaeeer es 21 
TREASURER— 
AN MITA CepoOrulotetoOs COMPUTOL eI merscenmmleridialecttevatiats, etter es staisjas, devs ths 23 
INO TEtOMMOnNOL- Ora tesOn asin kine UIC mMexCeD trem acide ciel site es erect cles, «lle tens 24 
iPenaltyvelLonmtalure: tonreDor te diy erslOl sn CLC aay ea cols osu ue aitac optus 25 
VOTES AND VOTERS— 
PrivvliesedanrOoni sarees th Willelm worse ever aceie © clavate: aise: tel ene sienels we els) 3 12 
WARRANTS OF ARREST— 
USE sD yey CCOnd OrrGineGledutOnw lO lieewucetaren yf cote ccs! scien cron atsre aoe 36 
Issued by Recorder, may be executed, where........... Ooo Chas toe 37 


PSsucdapyeheCOrdenr May aperserved. DVaow MOM J acs soc. eere cis ceteru-ecise 6 35 


nh 5 
Si ie 
eh 
a ie n 
* ei" 
os : 
4 


THE REVISED 
CODE OF ORDINANCES 


OF THE 


ChiyOF HOUSTON 


OF 1914 


TO APRIL 8Tu, 1914 


IN HARRIS COUNTY, TEXAS 


PREFACE 


The plan pursued by me in revising the ordinances has been 
to put together in systematic form, that is, classify and divide 
into chapters, articles and sections, the whole body of the gen- 
eral ordinances, civil and penal (except those omitted) in force 
to the date mentioned therein. I have attempted to arrange 
alphabetically as far as possible the ordinance provisions re- 
lating to each particular subject matter, but, of course, some 
provisions might have been placed under one of several other 
subject matters. The main subject matters have been placed 
in chapters, and where I thought the subject matter required 
it, | have divided the chapters into articles to cover each sub- 
head or division of the subject matter of the chapter. I trust 
that this arrangement will prove satisfactory. The table of 
contents shows the various subject matters, and subdivisions, 
into which I have divided the Code, and should assist materially 
in finding the provisions of the ordinance sought, if there be 
any, where the index to the Code fails to furnish such infor- 
mation. 


In indexing the Code it has been my purpose to cover the 
subject under more than one head, and by an elaborate system 
of cross references so as to facilitate the work of the users of 
the Code. 

It is my earnest wish that the work will prove to be reason- 
ably free from errors, and that its usefulness will justify the 
expense incurred in compiling, indexing and printing. [I sub- 
mit it, asking from the laity and the profession, that in criti- 
cising it they do so with charity, considering the difficulties 
necessarily encountered in doing such a work. If credit be 


given me for any merit in the work it will compensate to a 
large extent for the merited criticisms to which it is subject. 
The missing section numbers are occasioned by the fact that 

it was necessary to prepare the index before the Code was set 
into type, and sections subsequently eliminated, or those missed 
has caused some gaps which could not be filled without disar- 
ranging the index. | 

That where a section number in the index has immediately 
following it in parenthesis a letter or figure, it signifies that 
the reference is to that sub-section of the section. 


Respectfully submitted, 


EK. P: PHELPS, 
Compiler. 
Houston, Texas, 
April Eighth, Nineteen Hundred Fourteen. 


CHAPTER 
Article 


CHAPTER 
CHAPTER 
CHAPTER 


CHAPTER 
Article 


CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 


CHAPTER 
Article 


GHAPRTER 
Article 


CHAPPER 
Article 


CHAPTER 
Article 


CHAPTER 
CHAPTER 


CHAPTER 
Article 


CHAPTER 
Article 


Table of Contents 


Page 

HAN AVL DUES VOR NG race ngih eet we ore, face RicsbyeThes Sineu seu ach acces 9 
Ie MOVING SP ICUUTer MACUINGG iad. ON yee fe ale dee wcie es sceae lors 9 
Bp ee IVECIN BEDE FL CUIET Ey OW een hari ce wreielel lina op. eS alale ofera dete 12 
cece SPEC LE OOeiere et teaiene tes ae ti taate) one tikes see eka scapes SiGe: 14 
Ae TORT + OLIC CLISORG a ieee ite ae erie el bolt fok ete osteo Bees. 23 
2h SG MED RA REE OS reais WE Ee a a 25 
3—AUTOMOBILES, REGULATION, ETC................ 27 
aE SE HST ANT A ESA IED LUE a he. PL) Cie ene gine ov ed dina co ae le bP bac’ 30 
eee CUCL, Py eee aerial nce ee rn A ae Ee, 33 
1—Licenses, Regulations, Rates, Etc............... 0.080 go 
aE ALT CLR see Rear eae ei ae Sree eee eet o ie 655, oasis sed awe a lel elocel’s 40 
6 CHIMNEY S-AND> BLUES. nc teh meh yee aan het 44 
eet Vea Gr Pep oe chain a eraieee rake! wiiiep ate. byes. d!e clave eats AT 
Bee DAD yar Hi be Meo eA atten lok ie rel ones ceo chase na «© balerd © ecw So 
SL CN bees Cl Pap Paro certat cnt echt ie Wer aru wis sian a clv'C od sa) dow ogee a are 55 
Peete Hiei MEE Sane s users Ge ae Phe ha hee ee Bae 58 
eee TC OMA CTIN OPN Ettinet se cme rain oace Stila vale a ete news 60 
Meson le HUMe DIN OM CIN poe mmc ney ey aoe e fees Cite, Sree Seas e Gad dpa.s ecb le 70: 
Pee TT TL Cod kG) Nats Ree AR Sree ets Lea: So 5 Sas Se dacile ca teleh 6b ob e'S bende. 71 
lees (FEAL TEL Ue UES at BK ict Seer ede eh Lees ara ales ee wala Ree Sis Kas (pe 
eames CaN ch Verh SIM Ore ate et at Scab HE Non Gala, Pvsuaiacece «aie ow sto 8 13 
14 — WG RCA LD E RAR EM PN ol fe Seige Seance ee 3 
Bee OA ULOMCUC. pee faves ol sip ote wine oneras Psi vin wht 4 iso! opel bens oes 83 
See ALE SU LC CUR LCI 6 OUG rare aries Cea aks, da@llcr el eee wrod easle bes 83 
See OMSL Cel OU EAC LO ie Mie tant Cine eds clea Sate ole ate e Lae 85 
15—ENGINEERING DEPARTMENT............00000000% 98 
TMU OA CLOW OL OC LSI UOL Gon ciate teeters ath: on coke ole Fe otdlale alececss 98 
eo ITC SMEOLC r- CTLCO La CLC a Rida cach nia: sbitd sik yok a wleecone G waved 99 
De LLVCY Sis UE WLOIG LN GUC. Ue cie arhate es alt ho rece el ¥ xp a).6) 4s 103 
16—EXPLOSIVES, INFLAMMABLES, ETC............. 107 
t= NItT ou Cellulose. WHMIS.) tic See ses e ticle Pm RRS ie a eae LOG 
2—Gasoline and Other Volatile Inflammable Liquids...... doa 
ee U CUED IED LCL Ce ee Er oho car etatns eee Ny too rec ele eo itac as ks 
eet ELIA a Cee oO Ree Tees cera eee 3 Pts wae I A A tnre 115 
ar GE AIROOULS ni teatt ahs ire anche cic aahc ete he oe Nee thy oobia Babs othr 6a 118 
Ree et pet) Mae ALE DV POINT ek) cle aaa hg Mena Ceo avai ogo en a wins 122, 
deco CDEC Demet Ato RDA ye ease ho ee a ova cay wee 131 
Pe AT oe BA Ey LIME EOIN Te soe ototamcan ded rca eltgue'<sc dearer ate 134 
J-=Board sHarvor- COMMISSION GYS 16 ssca hone diliea c's be os se ele be 134 
ECUMENICAL RE Eat ie Teed shrank BER eT Peace, Bide oo ake aes a 141 
Sere PU VOT CR BU rent Aceicinl cc cmeetncetie sd tocore ek ihe ala iol Jd) die ate) #50 66. 144 
oe OC LVALE A CGemtiae eee ariel ence PI ct eae vay 2 op We cone vs Sees 146 
Serer VVeLieh LTE UCP f oiin MS Satna x suey che MON ackstend wie se heen 146 
eet yA Ay Lee Besta. hah e «WR OR OMENE wice sPebagaiiomtcae coe S's sale 37s 148 
tees ETE Cele LD ALL Clits. wre. sa ete beret ek biciedyls’ ¥o saldce sé 148 
IAL, On. SELES Gliess ae Wr a Lee itcig te. riutete eo sldce deh ou ae 8's. chalets 156 
PLO LE TE? CIC OR Mua al aod Goeth ee Tee Ts! Mia! «say ile! bao Braue 8 159 
A—-City Chemist’ and” Bacteriologist. 2.0.3 000. 161 
tae LS VS oe RE Be a a on Uae ee a ee 161 


5—Nuisances 


6 Table of Contents 
CHAPTER 20-—HEALTH—Continued— Page 
6S tables ee ee See bee oe cee ae ote Nee eet aa eae: 165 
T-—-BAarber. HODES! Rio bred. «oh Peete ekg ene Reese aeike Senn cite taro 166 
B=—-Garbaze, CLG. 60.25... ey. elas ces soe Meroe ieee Nene eae te oe anne Re oa LOY 
9——Swimming Pools and Natatoriums epee eee ete ee 169 
10—Street Cars, CtG.25 . Gatete ose monte et cet rene came ot eee ena i Me pa 
Ti~Sewage set iss Ala ee ae eRe ee ed eee ene eee 17 
12—Privies, Vaults,’ Closets; Cesspools,. cies mo... om eels 172 
13—Physicians, Undertakers» and Midwives.............. 176 
14—-Contagious, Infectious and Pestilential Diseases...... 176 
15—Milk and Milk Products, Regulating, etc., Sale of..... 181 
16—Milk and Milk Products, Regulating, etc., Sanitary 
Conditions, Ctcugrsnars degen ees Cece ine enc ere ee reer eoee 183 
17—Ice Cream, Regulating Manufacture, etc............. 190 
18+=Pure: Food and “Druesywe tee re eee ee 195 
19—Food Products, Regulating Sanitary Conditions, etc.. 201 
20—City Market, etc., Regulating Sanitary Conditions, etc. 205 
21—Cold Storage, Regulations, etc., Governing........... 206 
22—Milk and Food Products, Condemnation, LN Cee ey at 207 
23—Permits; /Miscellaneous.<s.).: ose nee os ricer einnen Cone cee 208 
24—- Inspection, Miscellaneous. seca here tee eee eee 209 
25—Construction sie tne ee eee eee PERE, ae Rae 2a: 
26—VitalsStatistiesecAccect <0... ie tie ecae oe eee eee 211 
OHAPTHR: 21—LA BOR ho res eee ee eee ee 219 
CHAPTER 22“-LEGAI 3 DEPART NURIN Ts state och hau eene ponent enc area 220 
CHAPTER. 23=—-LIBRAR Yee ase fe ee cera Meee eee nn ee PAPA 
CHAPTER 24—MARK ETB OUSH = WEG 2. & sicmarce et eee eee 220 
Article 1—Creation, ‘Government; etc.......7.. 8. ..0 3.56. wee ee 220 
2—-Market* (Master acs 65 55.04 iin Paces ae Cackthia ere enny eaaes wena 231 
5—-Inspection, Country. Produce; Cr) 3.02..ce ee ieee 233 
CHAPTER-25—PARKS) GIT Ge Nes oa a chet oe wey Semana ncn ean een eres 235 
CHAPTER 26—PAWNBROKERS, SECOND-HAND AND JUNK 
DHA DH RS 2 eeie.2 totes Gis nus tae aay Aeeee cee ee eee 241 
CHAPTER 27—POLICE DEPARTMENT. ........... RPA eter Ses 245 
Artiele 1—Creation, Offieers, <GUtC. .. é:. ceweie terom cas bien oe etecan cede 245 
2—General Provisions Concerning.:..............e+00e- 255 
3—Private Watchmen, OGG t Tee eee eit OR eee eee 267 
CHAPTER 28--PUBLIC -MORALS AND‘ DECENCY ...........222 22%. 269 
GHAPTHR  29=-PUBLICZAPHACH AND ORDER. ute ete Eee eee 276 
CHAPTER 30—--PUBIICS POULGY ten. cise oc eee ie ALA et” ick Stem 3 As 289 
CHAPTER? 312] PU BBIC SS AiLBLY 2 Cre, sec tsdot ae ce veces een mani te eee 297 
CHAPTER. 32—-P UBLICE SCHOOLS Fist cs cet ace ieee eee eee eee 304 
Article -1> Advisory: Bourdxto (lrustees\"elG..2 on rae. ee eee eee 304 
2-—Generals Provislons swat sc cick ook cnc ee en anes eee 305 
CHAPTER. 38—PUBMICT UTA TLES oc: cto sis oi tenet elo ees 310 
Artiele .1—-Publichservices Commissioner... 2. sermon cone 310 
AGES ie Be of Bois tar cake eames Sip S20 A. Se ae A a 314 
o— Mlectric gaia trang shower. tiates cast op ece ae: aie eee ae 319 
4—Pelephohesss.S. atocbseats Se aaron ek ae aie cee 324 
CHAPTER 34—PURCHASING AGENT............ ie fave Sis ei pain ea tee oop 
GHAPTERY,352-R ALLWAYS on ee ec ee er ee 338 
CHAPTER 36—SALOONS, REGULATIONS, ETC................06.% 350 
GHAPTER 387—SHEWERS? PEUMBUNG SEH EOs aie aencene tees cree ater ort 
Artigle -1-—General * Provisions srt cau eit ertintdn eee eaters ede eiteatieae Sta 


CHAPTER 


CHAPTER 
Article 


CHAPTER 
Article 


CHAPTER 
Article 


CHAPTER 
Article 


CHAPTER 


CHAPTER 
Article 


CHAPTER 
Article 


CHAPTER 


Table of Contents fi 
Page 

38—SOUTH TEXAS FAIR AND EXPOSITION COM- 
CESS COIN sie mei ale ea eee ee ah PRON rare a ODS siete 3 396 
39—STEAM BOILERS AND ELEVATORS...........00.. 398 
I—Boier and Mlevator Inspector, 6tG.c sn etresis +514 © soos 398 
2—Board of Examiners of Stationary Engineers......... 405 
eee ryt fr by EA lry WAY Oc dan oe eicde oe ote ice cee hs 408 
1—Construction, Maintenance, Repairs, Operation, etc.... 408 
at Ae ae TAN GLOTS nu these ee Pe re rer eee ate) ofecate andl 418 
Biers boku rouk bye o ee Ly Wo bal Bik Che cits Mie? cite een iets noo eer oe 422 
ea OLLIE CL Oii ert ean ok A een rcs Me UN ida. heats wee. actus! « 422 
Za OOMStHUCLiOnc? MePalrs,  ClE Tora feck oes Loa oes ekas 434 
OD SER ILC CIOL iw hake et chad, Bia ah axed MRR oR eae ates a cites ch evs 445 
Be PAIMATITIO SS ELST. CLG io cat Ov ich ol haem te ata ee ate I Pee’ anole 449 
EY EET se Neda gr ls Pela an a ate Ol ea TS cen aC”) Aor ts eh Creede Ve ts 456 
Uisomr SEL MISO SEEN Set rere srcra cd Acree ye Ae eA LO ed Ln a 459 
Peer ED CRee SUE COL J ie Paid a ct Cann aie leeittec hey eae tetaa les relies 463 
Ger EISCOLLATNEO (Suse cor cats) Mane, 2°, vt wo Meher er ere at pte mate er steka mbad com. oie 473 
ee ure AON 2 ACA TON section wie ain os cleat slelaaabe gs 480 
earn Ge Gal PRR ESL Tent ete ON Se MCN oa veda of Pee ah xet ost? oe MAE ah en Pie wR 480 
NCCU LOUD areatd 6a) hee ate seerlersy Sado 8a 2b tile We ha ak Pupetelaba teh ear tate 481 
ee CCU TEI OLE? OlaLCITOR pas, os ccd ae igh shatter etn sy hohe: comedy Vic ae 488 
Pee OS ROL Ale (OLIECLOM «5 che 4-teev ate anon 4 fiata artaa oon ace olavelte 495 
Be Kena ition: ASSESSINENT, GUC. Fire cule o ale a sr csed oe ess a ols aby oe 498 
eC LTO VON ES A RA AM Poa ons sh ee Ney ata eta Suk Seer es chakarerihe Weer are tas 508 
ea OLLI TN EE ch SAMA LLOETICY face. 0 ne gs wate ake ce ars fond a ctotnyy 510 
Ram CIOLETE CLC ROLE ay tc, Norarih ctrcfiak cc praise & Seat sek ehal noe sis bara ee ahegede mh Oa able 511 
PS MiSrellaneOus.: EFOVISIONS «:..o8 6 ane wae boo slewlegelee ss caer 515 
See N oy OP EEO LUE Ts ea teh oro. g Grete Geet alet aad yrelahely cw. alec ety plas 520 
Bee eI PLL Pe nee Wi oy eer BL ek cons wea. op oh? oh tk oh Seareh tian 2, odd ¢ aoekrigshey 522 
Te OSULO Ler CLG eee fern h easel pies, da) wav ehe Soh cake a aasing” Meas cae whel at's eas 522 
ECE UAE LOT Pe EO Bart ahs ant ke ef oy ab hd choi fe OAPs Ries & Shee, ays 525 
3—Construction of Laterals by Individuals....:......... 540 
S5—— WRG Ee ES AND -MBASURES.. ac cltresiioeeid of ke theca ears 545 
Pees LILLE nee ee Nees RN nN, a Sg th ata te Oa Mey oiadeneD Lee: eek 545 
De AIS A Se ANOS VLCASUTES.. «crac. als nle csaleve tes co rchetel sivello Mutteicut ist aaah 548 
RES OCC IUICPALULOLES Dales: OL. cw o cshes< oa hate ete as nea. Gelele 552 
4—General Provisions, Fixing Penalty, etc.............. 556 
BU ep UNE latace artis «cited a oe edie vie ns ede le ness Sere eral « 558 


AN ORDINANCE adopting and establishing a Revised Code 
of the general ordinances of the City of Houston, except- 
ing ordinances covering the certain matters herein ex- 
cepted, and declaring an emergency. 


Be It Ordained by the City Council of the City of Houston:— 


Section 1. That the following chapters, articles and sec- 
tions shall hereafter constitute the revised code of the general 
ordinances of the City of Houston, civil and penal, excepting 
those ordinances covering those certain matters hereinafter 
specially excepted :— 


CHAPTER I. 


Amusements—Regulations, Etc., Concerning. 


Article 1.—Moving Picture Machines. 
2.—Moving Picture Shows and Rooms. 
3.—Theatres, Etc. 


4.—Board of Censors. 
cagoreteenes | 


Dai ed. 2 Bs Ba 3 


ARTICLE AL 
MOVING PICTURE MACHINES. 


Sec. 2. Definition ‘Picture Machine’—By the term 
“nicture machine,” as used in this article, is meant any ma- 
chine or device operated by or with the aid of electricity 
adapted and used to project upon a screen or other surface 
picture, representations of any character which the public 
are admitted to view upon the payment of admission fee or 
otherwise. (Sept. 18, 1911, Ord. Bk. 3, p. 52, Sec. 1.) 


Sec. 3. Picture Machines Must Conform to this Article— 
That no picture machine shall be installed, maintained or oper- 
ated within the City of Houston except in conformity with the 
provisions of this article,: provided that nothing in this ordi- 
nance shall apply to picture machines installed and operated 
in theatres or opera houses constructed in accordance with the 
building ordinances of the City of Houston. (Id., Sec. 2.) 


Sec. 4. Enclosed in Metal Booth—Every picture machine 
installed, maintained or operated in the City of Houston shall 
be inelosed within a metal booth, the frame of which shall be 
composed of angle-iron not less than one inch by one inch by 
one-eighth inch (1x1x14) properly braced to secure rigidity 
and securely riveted or bolted at the joints, and every such 
booth shall be sheathed and roofed with sheet-iron of not less 
than No. 20, B. & S. gauge, or with one-fourth inch hard as- 
bestos board, in either case to be securely riveted or bolted to 
the angle-iron frame. The booth shall be floored with sheet- 
iron of not less than No. 20, B. & S. gauge, or with one-fourth 
inch hard asbestos board, in either case to be securely riveted 
or bolted to the iron frame. (lId., Sec. 3.) 


Sec. 5. Non-Combustible Material to be Used in Construc- 
tion, Fixtures, Etc.—Al]l shelves, furniture and fixtures with- 


10 Revised Code of Ordinances 


in the said booth shall be constructed of non-combustible ma- 
terial and no material of any sort whatsoever of a combustible 
nature shall be permitted or allowed to be within such booth 
except the films used in the operation of the machine and the 
machine stand, which may be wood, covered with asbestos or 
metal. (Id., Sec. 4.) 


Sec. 6. Ventilation of Booth—-Each booth shall be pro- 
vided with a metal pipe not less than six inches in diameter 
for ventilating purposes, and the said pipe shall project 
through the top or side of the booth and be extended outside 
the roof or outer wall of the building within which such booth 
is situated. (Id., Sec. 5.) | 


Sec. 7. Entrance Door to Booth; Construction, Etc.—The 
entrance door into the booth shall be no larger than two feet 
by five feet (2x5) and shall be of same construction as booth, 
and so arranged as to close automatically either by means of 
springs placed on the interior and riveted to the framework 
or by metal rope and weight attachment. The two latches of 
steel shall be provided, one twelve inches below the top and the 
other twelve inches above the bottom of the door; the latch 
bars shall be so connected by metal rod that one operation 
opens both latches. The orifice or opening for the operator’s 
view, through which the picture is thrown, shall be no larger 
than 12x12 inches, and shall be provided with a gravity door 
of the same construction as the booth, which door shall be held 
down by fusible links placed in series with fine cords, so ar- 
ranged that one of the links is suspended directly over the 
film when in the slide of the apparatus, or shall be so arranged 
as to be closed except when held open by pressure of the oper- 
ator’s foot. (Id., Sec. 6.) 


Sec. 8. Electric Wiring, Switches, Exit Signs—AlII electric 
wiring in the booth must be provided with non-inflammable in- 
sulation, each lamp connected with a picture machine must be 
provided with separate switches located within the booth. 
There shall also be located within the booth a switch controlling 
the lights in the exhibition room. There shall be provided a 


separate system of lighting controlled by a switch located in 


the ticket office or other convenient place outside of operat- 
ing booth operating fire-signal lamps, and there shall be one 
such lamp placed at each exit, with a transparent sign. Said 
sign shall be marked “EXIT” in letters not less than five inches 
high. The location of these signs shall be determined by the 
City Electrician. All electric wiring within the booth or ticket 


=. “) 


~~ 


of the City of Houston eh: 


office or exhibition room must be done in accordance with the 
National Electric Code, to the satisfaction of the City Electri- 
cian. (Id., Sec. 7.) 


Sec. 9. Incombustible Magazines, Condensers, Films Not 
in Machine—All picture machines shall be equipped with in- 
combustible magazines for receiving and delivering the film 
during the operation of the machine. A shutter must be pro- 
.vided and placed in front of the condenser of each machine, so 
arranged as to remain closed until held open by pressure of 
the operator’s foot, or other approved device that will insure 
the immediate dropping of the shutter when operation of the 
machine is stopped. The films not in the machine shall be kept 
in metal boxes with tight fitting covers, within the booth in- 
closing the machine. (lId., Sec. 8.) 


Sec. 10. Operator Not to Be Under 18—No person under 
the age of 18 years shall operate or be permitted to operate 
any picture machine within the City of Houston. (Id., Sec. 9.) 


Sec. 11. Machines, Prohibition as to Installation, Etc.— 
No picture machine shall be installed, maintained or operated 
in any building that does not abut directly upon a street, ex- 
cept on the roofs of strictly fireproof buildings as hereinafter 
provided, nor shall any machine be installed, maintained or 
operated in connection with any exhibition room that does not 
immediately abut and directly abut upon a street, except on 
the roofs of strictly fireproof buildings as hereinafter in this 
chapter provided. In exhibition rooms directly abutting upon 
~ but one street the booth enclosing picture machines shall be 
placed at the end of the room which is opposite and fartherest 
from the street. 


In exhibition rooms located at the corner of and abutting 
upon two streets, or a street and an alley, the booth enclosing 
picture machine may be located at the end of the room opposite 
to and fartherest from either street or alley. (Amendment 
May 28, 1913, Ord. Bk. 3, p. 363, Sec. 1.) 


Sec. 12. Penalty—Any person, firm or corporation who 
shall violate any provision of the preceding sections of this 
chapter shall be deemed guilty of a misdemeanor, and upon 
conviction thereof in the Corporation Court shall be fined in 
any sum not less than ten dollars. nor more than two hundred 
dollars, provided that each day such person, firm or corporation 
shall operate in violation of this article shall be deemed a sep- 
arate offense: (Sept..1, 1911, Ord. Bk. 3, p. 52, Sec. 14.) @ 


12 Revised Code of Ordinances 


ARTICLE 2. 
MOVING PICTURE SHOWS AND ROOMS. 


Sec. 13. Permit for Show; How Procured, Etc.; Bond— 
No moving picture show or exhibition by picture machine shall 
be open to the public or operated in the City of Houston un- 
less a permit shall have been first secured from the City Coun- 
cil; that said permit shall issue only after an application made. 
in writing at an open session of said Council, which applica- 
tion shall be referred to the Commissioner in charge of the 
Fire Department for investigation, and said Commissioner 
shall report at the next succeeding meeting whether or not all 
ordinances have been complied with, and unless said report is 
in affirmative and recommends the granting of said permit 
the same shall not be granted. Before said application is re- 
turned to the City Council for final approval, it shall be ap- 
proved by the City Electrician and the Fire Marshal. That 
before said permit is issued the applicant shall file with the 
Mayor good and sufficient bond in the penal sum of one thou- 
sand dollars, conditioned that he will operate said exhibition 
or moving picture show in strict accordance with the ordi- 
nances of the City of Houston, and until said bond is exe- 
cuted and accepted by said Mayor it shall be unlawful to open 
or operate said picture show or public exhibition. The City of 
Houston reserves the right, and it shall be its duty, to cancel 
said permit and close up place of exhibition or entertainment 
whenever same is not operated in strict compliance with the 
ordinances of said city. All picture shows now in operation 
shall comply with this chapter, to the satisfaction of the City 
Council; provided, that any who do not comply herewith shall 
be deemed a menace to public safety and shall be closed up 
and discontinued. (lId., Sec. 12.) 


Sec. 14. Exits from Exhibition Rooms, Etc.; Other Ar- 
rangements—E very exhibition room directly abutting upon 
but one street shall have at least two (2) exits opening directly 
upon the street, not less than six feet (6 ft.) in width, and 
the curtain upon which the picture is projected shall be 
stretched across the end of the room nearest the street and 
so arranged that the bottom of said curtain shall be at least 
six and one-half feet (614 ft.) from the floor, leaving exit and 
entrance room beneath, and no seat shall be placed nearer than 
ten feet (10 ft.) to said curtain; and no such room shall ex- 
ceed fifteen hundred (1500) square feet of floor space to be 
occupied by sittings. 


of the City of Houston 13 


Every exhibition room located at the corner of and abutting 
upon two streets, or a street and alley, shall be provided with 
at least three (3) exits, two (2) upon one street and at least 
one (1) upon the other street or alley, said exits to be not less 
than six feet (6 ft.) wide; and no such exhibition room shall 
exceed twenty-five hundred (2500) square feet of floor sur- 
face to be occupied by sittings. 


Exhibition rooms abutting directly upon three (3) streets, 
or on two (2) streets and an alley, shall not exceed five thou- 
sand (5000) square feet of floor space to be occupied by sit- 
tings, and shall have at least two (2) exits upon each of the 
three (3) sides adjacent to said streets and alley, respectively, 
said exits to be not less than six feet (6 ft.) wide. 


An open court leading directly to a street or an alley and not — 
less than six feet (6 ft.) in width shall be deemed an alley for 
the purpose of this section. 


All seats in any exhibition room for picture machines shall 
be securely fastened to the floor and shall be so arranged that 
there will not be more than seven (7) seats in a row, between 
aisles, and rows of seats shall be at least thirty inches (30 in.) 
apart. 


There shall be at least one (1) aisle through the center of 
the room, and said aisle shall be at least four and one-half feet 
(414 ft.) wide; and all other aisles shall be at least three feet 
(3 ft.) wide. 


All doors shall be arranged to swing outward and provided 
with approved fastenings. 


All exits and entrances shall open directly from the exhibi- 
tion room upon a street or alley. 


All aisles shall lead directly to exits and all exits shall be 
directly accessible to aisles. There shall be no steps or stair- 
ways at the exits and entrances of any such exhibition room 
or moving picture show. 


No. exhibition room or moving picture show shall contain 
any gallery or balcony, and no such moving picture show shall 
be located above the first story or the ground floor of any build- 
ing, unless the building is strictly fireproof, when same may 
be located on the roof thereof, provided it has a coping around 
it at least forty-two inches high measuring from the roof; and 
the exits and entrances shall be on a level with the sidewalk, 
except on the roofs of strictly fireproof buildings, as above 
provided. (Amendment May 28, 1913; Ord. Bk. 8, p. 363, 
Sec. 1.) 


14 Revised Code of Ordinances 


Sec. 15. Penalty—Any person, firm or corporation who 
shall violate any provision of the preceding sections of this 
article shall be deemed guilty of a misdemeanor, and upon 
eonviction thereof in the Corporation Court sha!l be fined in 
any sum not less than ten dollars nor more than two hundred 
dollars, provided that each day such person, firm or corpora- 
tion shall operate in violation of this article shall be deemed 
a separate offense. (Sept. 1, 1911; Ord. Bk. 3, p. 52, Sec. 14.) 


ARTICLE 3. 
THEATRES, ETC. 


Sec. 16. Permit Necessary to Conduct Theatre, Etc.— 
That any person seeking to conduct any theatre or other place 
of public amusement shall first procure a permit from the City 
Council of the City of Houston. (Nov. 19, 1906; Ord. Bk. 2, p. 
Bol, meC243) 


Sec. 17. Application in Writing to Council for Permit; 
Contents—Said permit shall be granted only upon application 
in writing made to said City Council by the person or persons 
desiring to operate said theatre or other place of public amuse- 
ment. Said application shall state: 

(a) The names of all persons applying for said permit. 

(6) The exact location of said theatre or other public 
amusement. 

(c) Whether all ordinances and laws with reference to 
fire protection in theatres have been fully complied with, and, 
specifically, what has been done in this regard. 

(d) Its proximity to any saloon, either existing or in con- 
templation, and the character of business, or residence or occu- 
pation on the block in which it is sought to establish said the- 
atre or place of public amusement, and in the block in front 
thereof, and whether the owners and occupants of said two 
blocks object to the proposed theatre or place of public amuse- 
ment being conducted at said place. 3 

(e) The character and grade of entertainment to be given 
in said place of public amusement. 

(f) The hours during which said place is to be kept open 
to the public. (Id., Sec. 2.) , 


Sec. 18. Mayor and Aldermen May Refuse Permit—It 
shall be the duty of the Mayor and Aldermen to investigate 
said application and inquire into all facts in connection with 
said proposed place of entertainment, and if in their judgment 


of the City of Houston 15 


said proposed place of public entertainment is of such charac- 
ter as in any way to interfere with the preservation of peace, 
good order, tranquillity, public safety and good morals, or to 
affect injuriously the rights of the surrounding property own- 
ers, or their tenants, said permit shall not be issued. (ld., 
Sec. 3.) 


Sec. 19. Applicant Must Give Bond—-That before said 
permit shall issue, said applicant shall execute a good and suffi- 
cient bond in the penal sum of One Thousand Dollars ($1,000), 
payable to the Mayor of the City of Houston, conditioned only 
upon the conducting of said place of public amusement in such 
manner as to preserve order, tranquillity and public safety and 
good morals. (ld., Sec. 4.) 


Sec. 20. Ail Existing Theatres to Comply—All existing 
theatres and places of public amusement operating under a 
permit already issued shall apply for a permit hereunder and 
become subject to the terms of this article. (Id., Sec. 5.) 


Sec. 21. Penalty—Any person or persons operating a 
theatre or place of public amusement without first obtaining 
a permit as herein provided shall be guilty of an offense, and 
shall upon conviction thereof in the Corporation Court be fined 
in any sum not less than Twenty-five Dollars ($25.00) nor 
more than Two Hundred Dollars ($200.00), provided that each 
day said place is kept open without said permit shall constitute 
a separate offense, and provided further that each actor, at- 
tendant and person engaged in any way in giving said enter- 
tainment (other than the persons operating said theatre) in 
violation of the foregoing provisions of this article shall be 
guilty of an offense, and shall upon conviction thereof in the 
Corporation Court be fined in any sum not less than Ten Dol- 
lars ($10.00) nor more than One Hundred Dollars ($100.00). 
(Id., Sec. 6.) 


Sec. 22. These Etc., to be Provided With Exits, Etc.— 
That every theatre, opera house, or place of public amusement 
in the City of Houston, or building reconstructed to be used as 
a theatre, or for similar purposes, shall for the purpose of af- 
fording safe exit to the public in case of fire or panic, be con- 
structed in accordance with the provisions of this article. 


Number of Exits: 


Every theatre or place of public entertainment accommo- 
dating three hundred (300) persons‘shall have two (2) exits 


16 Revised Code of Ordinances 


at least; when accommodating five hundred (500) persons, at 
least three (3) exits shall be provided. 


Width of Doors: | 
No doorway or exit or entrance for the use of the public 
shall be less than five (5) feet in width. 


Increase: 

And every audition one hundred (100) persons or portion 
thereof to be accommodated, in excess of five hundred (500), 
twenty (20) inches of additional width of exit must be allowed. 


How Opened: 

All doors of exit must open outward, and such doors shall 
not be locked or barred during any presentation or when the 
building is open to the public; and it shall be the duty both 
of the persons in charge of the building and also of those in 
charge of the particular entertainment, prior to the beginning 
of the entertainment, to carefully go over all the exits and see 
that the doors are unlocked and unbolted, that they open freely, 
and that the passageway from same to the street is clear and 
unobstructed, and the failure to do so, or the failure to have all 
of said exits unlocked and unbolted, and the passageways free 
and unobstructed, is an offense on the part of every person on 
whom said duty is imposed, and punishable under the terms 
of this article. 


Separate Exit: 
Distinct and separate places of exit and entrance shall be 
provided for each gallery above the first. 


One Exit, When: 

A common place of exit and entrance may serve for the main 
floor of the auditorium and first gallery, provided its capacity 
be equal to the aggregate capacity of the outlets from the main 
floor and the said gallery, and provided additional exits be 
made from the second gallery. 


Width of Stairways: | 
The width of stairways serving for the exit for the audi- 
ence shall be one foot in width for each one hundred (100) | 
people, and in no case shall the width of such stairway be less 

than five (5) feet. 

All stairways leading from the main auditorium shall be 
of fireproof material, where the building is situated within 
the fire limits. 


of the City of Houston Vi: 


Risals: 

In no cases shall the risals of any steps exceed seven (7) 
inches in height, nor shall the treads be less than eleven (11) 
inches in straight stairs. 


Landings: 

When straight stairs return directly on themselves, a land- 
ing the full width of both flights, without steps, must be pro- 
vided. 


Angles: 
Stairs running at an angle must have a proper jJanding at 
said turn, introduced with winders. 


Diagrams: 
A diagram of the theatre, showing all exits, shall be pub- 
lished in each theatre program, covering the whole of the front 
cover. 


Exit Signs: 

‘And every exit shall have over the same, on the inside, the 
word, “Exit,” printed in legible letters not less than eight (8) 
inches high, and shall be designated by a red light. Or each 
exit may be designated by an eight (8) inch red globe con- 
taining a light, with the word “Exit” painted thereon in leg- 
ible letters of four (4) inches. 


Emergency Exit, Etc.: 

Emergency exit and doors in wall, not directly related to 
the main entrance of buildings of this class, shall be provided 
with space equivalent to twenty (20) inches for each one hun- 
dred (100) of seating capacity provided on each floor, gallery 
and balcony. Fire escapes shall be provided therefrom in ac- 
cordance with the provisions of this article. 


Buildings of this class shall be provided with exits on at 
least two (2) public highways. 


- Storage, Etc., Prohibited: 

Open space in corridors or arcades or other passageways 
are not to be used for storage purposes or for any purpose 
whatsoever, except for the several exits from the auditorium 
and stage, and must be kept free and clear during the entire 
performance, and any arcade opening upon streets or alleys 
shall be open and unenclosed at all times and free from all 
obstructions whatsoever. 


18 Revised Code of Ordinances 


Auditorium Exits: 

From the auditorium shall be at least two (2) exits, unless 
one side is on the street, in which case there shall be more than 
two (2) in each tier, from and including the parquet and each 


and every gallery. 


Width: : 
Each exit shall be at least five (5) feet in width in the clear 
and provided with doors opening outward. 


Doors Not Bolted: 

All doors shall be opened outwards and must be fastened 
with movable bolts, the bolts to be kept drawn during the 
performance. 


Balcony Exits: 

Where a theatre or other public place of amusement has 
projections of a substantial character and unobjectionable 
appearance, and proper stairways therefrom shall be provided, 
this balcony projection for the different exit levels may be used - 
in lieu of fire escapes. In no case shall columns be placed so 
as to obstruct any passageway; and when in the fire district 
such balconies and stairways shall be of fireproof material. 


Doorways: 

Every opening or communication between aisles in the audi- 
torlum and any lobby, corridor or passage, shall have clear 
opening of not less than five (5) feet in width. 


Passageways: 

No passageways leading to any stairway communicating 
with any entrarice or exit shall be less than four (4) feet 
in width in any part thereof. 


Obstructions: 

All aisles and passageways in said building, devoted to said 
purpose of amusement or instruction, shall be kept free from 
camp stools, chairs, sofas, stoves or any other obstructions. 
(Mar. 30,1908; Ords Bhan: 461, Sec. 1.) 


Aisles, Etc., Kept Clear: 


No person or persons shall be allowed to stand in or occupy 
any of the aisles or passageways or the foyer or space in the 
rear of the seats in any theatre during any performance, 
service, exhibition, show, lecture, concert, ball or any other 
public assembly, and no ticket shall be sold by any theatre, 
manager, or person whomsoever, for standing room in any the- 


of the City of Houston inl 1.9 


atre, picture show or place of public entertainment, but all 
aisles, vacant space in the rear of the seats or elsewhere, must 
be kept open and free from congestion of any sort. 


Any person violating the next preceding provision by stand- 
ing in the aisles, foyer or other vacant space during any per- 
formance in violation hereof shall be guilty of an offense and 
upon conviction thereof in the Corporation Court shall be fined 
in any sum not less than One Dollar ($1.00) nor more than 
Two Hundred Dollars ($200.00), and any person who shall 
sell a ticket for such standing room in any theatre, playhouse, 
picture show or other place of entertainment, or shall permit 
persons to stand in the aisles, and in the rear of foyer of such 
place of entertainment in violation of this provision shall be 
guilty of an offense and upon conviction thereof in the Cor- 
poration Court shall be fined in any sum not less than One 
Dollar ($1.00) nor more than Two Hundred Dollars ($200.00). 
(Amendment May 15, 1911; Ord. Bk. 3, p. 31, Sec. 1.) 


Sec. 23. Concerning Buildings and Permits Contrary to 
Preceding Section—No building shall be constructed contrary 
to the terms of this article, nor shall any permit issue for the 
construction of any building contrary to the terms of this 
article, nor if issued shall same be of any validity nor afford 
any protection against prosecution to any person violating the 
terms of this article. (Id., Sec.-2.) 


Sec. 24. Penalty—Any person violating any of the terms 
of Section 22, where no other penalty is provided, shall. be 
guilty of an offense, and on conviction in the Corporation 
Court shall be fined in any sum not exceeding Two Hundred 
Dollars ($200.00) for each offense. (Id., Sec. 3.) 


Sec. 25. Unlawful to Construct, Etc., Contrary to Ordi- 
nance, Etc.; When Proper Permit Granted; Penalty—Should 
any person obtain a permit for the construction of a building 
in accordance with the terms of this article, and thereafter 
proceed to construct or have constructed the same, contrary to 
the terms thereof, or otherwise than as described in the plans 
and specifications filed with the City Engineer, such person, 
and every person working on said building shall be guilty of 
an offense, and on conviction in the Corporation Court shall 
be punished by a fine of not more than Two Hundred Dollars 
($200.00) for each offense, and it shall be a separate offense 
in all persons for each day that said building is being con- 
structed, and it shall also be a separate offense in the owner 
of said building for each day that same is permitted to re- 


20 Revised Code of Ordinances 


main constructed contrary to the terms:of Sections 22 and 23. 
(Id., Sec. 4.) 


Sec. 26. Buildings Not Constructed as Required, a Nui- 
sance—Any building constructed contrary to the terms of 
this article is declared a menace to the public safety and a 
nuisance and shall be abated. (lId., Sec. 5.) 


Sec. 27. Theatre Buildings Now Used, Etc., to Be Pro- 
vided With Exits; Offense—The owners or lessees of theatre 
buildings or other buildings which are used for purposes of 
public amusement, and in which people congregate in large 
numbers, in which buildings reasonably safe exits for the 
public in times of panic or fire do not now exist as prescribed 
by the terms of this article, shall provide such reasonably safe 
exits to the satisfaction of the Building Inspector of the City 
of Houston, and in doing so shall conform as nearly as practi- 
cable to the terms of this article, failing in which it shall be 
unlawful either in the owner of said building, or any other 
person, to use or permit to be used said building for theatrical 
purposes or other purposes of public entertainment, and the 
person so doing shall be guilty of an offense under this article 
and subject to the penalties hereinbefore prescribed. (Id., 
Pec, OF) ie 


Sec. 28. Unlawful to Smoke in, Etc., Any Theatre, Etc.; 
Penalty—That it is hereby declared unlawful for any person 
to smoke in or about any theatre, moving picture show, vaude- 
ville show, or other place of public amusement, and any per- 
son violating this provision shall be guilty of an offense, and 
on conviction in the Corporation Court shall be fined in any 
sum not less than Five Dollars ($5.00) nor more than Twenty- 
five Dollars ($25.00) for each offense. (Dec. 20, 1909, Ord. 
Bk. 2, p. —, Sec. 1.) — 


Sec. 29. Unlawful to Use Oil Stove in Theatre, Etc.; Pen- 
alty—It is hereby declared unlawful for any person or corpo- 
ration to use in any theatre, moving picture show, vaudeville 
show or other place of public amusement any oil stove or other 
movable stove which is likely to be overturned in any crowd 
or panic, and any person or corporation violating this pro- 
vision shall be guilty of an offense, and on conviction thereof 
in the Corporation Court shall be punished in any sum not 
less than Ten Dollars ($10.00) nor more than Two Hundred 
Dollars ($200.00) for each offense, and it shall be a separate 
offense for each day that such stove is so used. (lId., Sec. 2.) 


of the City of Houston 21 


Sec. 30. Stove to Be Used Must Be Approved; Penalty; 
Theatres, Etc., Now Conducted Subject—The owner, proprie- 
tor, manager or other person conducting or operating a thea- 
tre, moving picture show, vaudeville show or other place of 
public amusement shall, before using any stove or other heat- 
ing device or apparatus in such place, submit in writing an 
accurate description of the stove or heating apparatus intended 
to be used in such place to the Chairman of the Fire Commit- 
tee of the City Council of the City of Houston; and it shall be 
unlawful for such person or corporation to use such stove or 
heating apparatus in such place unless same has been so sub- 
mitted to the Chairman of the Fire Committee and has been 
approved by him before same is used. And it shall be a separ- 
ate offense for each day that such stove or heating apparatus 
or device which has not been so approved by the Chairman of 
the Fire Committee of the City Council is used in such place, 
and any person guilty of violating this section shall on con- 
viction thereof. in the Corporation Court be punished for 
each offense by a fine of not less than Twenty-five Dollars - 
($25.00) nor more than Two Hundred ‘Dollars ($200.00). 
(Id., Sec. 3.) 


Sec. 31. Fire Extinguishers to Be Kept, Etc.; Penalty— 
Any person or corporation operating or running a theatre, 
moving picture show, vaudeville show or other place of public 
amusement where people congregate, shall keep and maintain 
in such establishment one or more chemical fire extinguishers 
as directed by the Chairman of the Fire Committee of the City 
Council, and on failure to do so shall be guilty of an offense, 
and on punishment therefor in the Corporation Court shall be 
fined in any sum not less than Twenty-five Dollars ($25.00) 
nor more than ‘Two Hundred Dollars ($200.00) for each of- 
fense, and it shall be a separate offense for each day that such 
chemical fire extinguisher or extinguishers is not maintained 
and kept in such place, after being so directed by the Chair- 
man of the Fire Committee of the City Council. (Id., Sec. 4.) 


Sec. 32. Unlawful to Sleep in Theatre, Etc.; Penalty— 
Any person who sleeps in any theatre, playhouse or house 
where spirituous, vinous or malt liquors are kept for sale shall 
be fined not less than One nor more than One Hundred Dol- 
larsvo (May 22. 1905. Ord. Bk. 2, p. —, Sec, 1.) 


Sec. 33. Exceptions to Preceding Section—The preced- 
ing section shall not apply to owners or proprietors of such 
places, nor to persons regularly employed therein. (Id., Sec. 2.) 


play Revised Code of Ordinances 


Sec. 34. Unlawful to Conduct Masked Balls, Etc., With- 
out Permit—That it shall be unlawful for any person or per- 
sons to hold or conduct, or for any property owner or tenant 
to permit to be held or conducted on their property, any masked 
ball or any dance or other public entertainment in which the 
persons participating therein are masked or otherwise dis- 
guised, unless a permit shall first have been procured from the 
Mayor of the City authorizing the holding of such masked ball 
or dance, and designating the time and place at which same is 
authorized to be held.. (Feb. 2, 1910; Ord. Bk. —, p. —, 
Sec. 1.) 


Sec. 35. Unlawful to Enter, Etc., Place Where Masked 
Bali, Etc., Held, Etc., Unless Permit Has Been Issued—It 
shall be unlawful for any person to enter a place where a 
masked ball or dance is being held or to appear on the public 
streets with a mask on, or otherwise disguised, going to or 
returning from any masked ball or dance, unless such masked 
_ball or dance shall have been duly authorized by a license is- 
sued by the Mayor as provided by this article. (ld., Sec. 2.) 


Sec. 36. Penalty—Any person or persons violating any of 
the terms of the next two preceding sections shall be guilty 
of an offense and upon conviction thereof in the Corporation 
Court shall be fined in any sum not less than Ten Dollars 
($10.00) nor more than One Hundred Dollars ($100.00) for 
each offense. (Id., Sec. 3.) 


Sec. 36a. . Theatres Shali Furnish Clean, Etc., Programs— 
That the manager of every theatre or opera house in the City 
of Houston, exclusive of moving picture theatres used exclu- 
sively for exhibiting moving pictures, shall furnish clean and 
unused programs in sufficient number to supply each patron 
therewith at each and every performance given therein. (Mar. 
19, 1914; Ord. Bk. 4, p. —, See. -1.) 


Sec. 36b. Penalty, Persons in Charge Theatre—Any per- 
son in charge of a theatre or opera house affected hereby who 
shall fail or refuse to furnish to each patron at each perform- 
ance therein a clean program, or who shall furnish or suffer 
or permit to be furnished to any patron of said theatre a dirty 
or used program, shall be guilty of an offense, and upon con- 
viction shall be fined not less than One Dollar ($1.00) nor 
more than Fifty Dollars ($50.00). (Id., Sec. 2.) 


Sec. 36c. Penalty, Employee or Usher in Theatre—Any 
employee or usher in any theatre or opera house affected here- 


of the City of Houston 23 


by, who shall furnish to any patron of said theatre a dirty or 
used program at any performance therein, shall be deemed 
guilty of an offense, and upon conviction shall be fined not 
less than One nor more than Fifty Dollars. (Id., Sec. 3.) 


ARTICLE 4. 
BOARD OF CENSORS. 


Sec. 37. Creation; Duties—That the Mayor of said City 
is hereby authorized to appoint a Board of Censors consisting 
of three discreet persons, whose duty it shall be to investigate 
all such places of public entertainment as are immoral or tend 
to inculcate and promote immorality. Said Board of Censors 
shall serve without compensation for a period of two years 
unless sooner relieved by the Mayor. An itemized statement 
of admission fees paid by each member of said Board in the 
discharge of his duties herein shall be refunded by the City. 
GDecnL2 1910 Ord] Bie 3 p29, Sec. 1.) 


Sec. 38. Additional Duties; Reports and Recommenda- 
tions—It shall be the duty of said Board, either individually 
or in a body, to visit periodically all places of public amuse- 
ment and to inspect the character of entertainment therein 
given, or that is about to be given. And said Board or any 
member thereof is hereby authorized and it shall be his or 
their duty to notify the Mayor in writing of any place of en- 
tertainment that is immoral, or that tends to inculcate or pro- 
mote immorality, or that threatens, offers, or advertises to 
give any immoral or improper entertainment, with the recom- 
mendation that said place or places be closed up and discon- 
tinued and the permit to conduct same cancelled, or the threat- 
ened immoral or improper entertainment stopped. (Id., Sec. 2.) 


Sec. 39. Hearings Before Mayor on Reports; Action to 
Be Taken by Mayor—lIt shall be the duty of the Mayor to re- 
ceive and file said reports and to notify the manager or pro- 
prietor of said place of entertainment so reported, so that said 
manager or proprietor may be given a hearing before the 
Mayor as to character of entertainment, and if in the Mayor’s 
judgment such entertainment is immoral or improper, then 
and in that event he shall prevent the giving of said entertain- 
ment, and shall suppress same, and may cancel and annul the 
permit by authority of which said place of entertainment is 
operated. (Id., Sec. 3.) 


Sec. 40. Penalty—Any person who shall fail or refuse to 
close up and discontinue his place of entertainment after hav- 


24 Revised Code of Ordinances 


ing been notified to do so by the Mayor, or shall operate his 
place of entertainment after his permit to do so has been 
cancelled, as provided herein, or shall give or participate in 
any show or entertainment, condemned by the Mayor, shall be 
guilty of an offense and upon conviction thereof in the Cor- 
poration Court shall be fined in any sum not less than Twenty- 
five Dollars ($25.00) nor more than Two Hundred Dollars 
($200.00), provided that each separate show or entertainment 
given in violation of this section shall constitute a separate 
offense on the part of the owner or manager of such show or 
entertainment, and also upon the part of each actor or player 
performing any part in such show or entertainment.’ (Id., 
Sec. 4.) | 


of the City of Houston 25 


CHAPTER II. 
Auditorium. 


Sec. 41. Creating Board of Trustees; Management and 
Control—That the municipal auditorium, belonging to the 
City of Houston, and located at the corner of Texas Avenue 
and Louisiana Street, shall be placed under the control, care 
and management of a Board of Trustees, to be appointed by 
the Mayor, for a period of two years from the date of their 
appointment; that it shall be the duty of said Trustees to take 
active management and control of said auditorum and to man- 
age same to the best interests of the City of. Houston, as their 
judgment shall direct. (Nov. 6, 1911; Ord. Bk. 3, p. 59, 
Sec. 1.) 


Sec. 42. Rules and Regulations to Be Enforced by Board 
and Manager—That in the management and operation of said 
auditorium the said Board of Trustees, and the Manager se- 
lected by them to have charge of said auditorium, shall be 
charged with the enforcement of the following rules and regu- 
lations: ; 

First: The driving of nails or tacks into any part of said 
building; the painting or staining of any part of said build- 
ing; the removal of parts, are hereby strictly forbidden, and 
said acts, or any of them, or any act that will mar, deface or 
injure, in any way, any portion of the said building, is hereby 
strictly prohibited. 

Second: That the said Trustees, through their manager, are 
hereby authorized to eject any person from the building whose 
conduct is such, in their judgment, as to demand said action. 

Third: That no smoking shall be allowed in the main audi- 
torium or assembly room of said building and that the spitting 
upon the floors, anywhere in said building, shall be and is 
hereby prohibited. 

Fourth: That all persons desiring to use said building for 
the purpose of public entertainments, at which an admission 
fee is charged, shall, before being permitted to do so by said 
Board of Trustees, enter into a written agreement with said 
Board, or a majority of the members thereof, and said con- 
tract shall stipulate the terms upon which said building may 
be used, and the time of each engagement, and shall expressly 


26 Revised Code of Ordinances 


exempt and release said City from all damage of whatsoever 
kind, either to persons or property, which may accrue, and 
said contract shall fully apprise such persons desiring to use 
said building that they use same at their own risk. (Id, 
Sec. 2.) : 


of the City of Houston Plt 


CHAPTER III. 
Automobiles, Etc.—Regulation, Etc. 


Sec. 43. Automobiles, Etc., Must Be Registered, Etc.— 
It shall be unlawful for any person to operate on the streets 
and ways of the City of Houston any automobile or other mo- 
tor vehicle without first having registered his name and the 
number of said vehicle with the City Assessor and Collector 
of Taxes, and said number thus registered shall be at all times 
displayed on the rear end of said vehicle in Arabic figures not 
less than six inches in height; provided, that where the county 
registry number is displayed in a similar manner, it will be 
deemed sufficient for the purpose, and two registry numbers 
will not be required; provided, further, that no fee shall be 
paid said Assessor and Collector for registering said ve- 
hicle. (May 6, 1907; Ord. Bk. 2, p. 380, Sec. 1.) 


Sec. 44. Assessor and Collector to Keep Register—It 
shall be the duty of the City Assessor and Collector of the City 
of Houston, or such other officer as may hereafter be desig- 
nated for that purpose, to keep a well bound book, in which 
shall be entered a list of all owners of automobiles to whom 
numbers have been allotted, showing the names of the owner 
of such automobiles, the numbers assigned to them by the City 
Assessor and Collector, and the date of the issuance of same. 
The numbers shall be assigned to the respective owners of 
such automobiles in the order in which same are applied for. 
(June 12, 1905; Ord. Bk. 2, p. 204, Sec. 2.) 


Sec. 45. Unlawful to Operate Without Number—It shall 
be the duty of every person owning, controlling or operating 
any automobile within the City of Houston, before running or 
operating same upon any of the streets or ways of said city, 
to ascertain from the City Assessor and Collector, or other 
officer herein mentioned, the number to be assigned to him, 
as herein provided, and he shall then, at his own cost and 
expense, procure a number for such automobile, and shall at 
all times, whenever such automobile is being operated or run 
on any of the streets or ways of the City of Houston, place 
such number upon same in such a manner that the number 
will be conspicuously exposed to pedestrians, or other persons 
upon or traveling along such street or way of the City of 
Houston, and shall be so legible that such number can be 


28 Revised Code of Ordinances 


easily read or ascertained by any such person or persons so 
traveling along or upon such streets or ways. (Id., Sec. 3.) 


Sec. 46. Penalty—Any person violating any of the pro- 
visions of the next three preceding sections shall, upon con- 
viction, be fined in any sum not less than Five nor more than 
Fifty Dollars, and in case of the operation of any such auto- 
mobile in violation of the provisions thereof, both the owner 
of such automobile and the person so operating it shall be 
deemed guilty of such violation, and upon conviction shall be 
punished as herein provided. (ld., Sec. 4.) 


Sec. 47. Unlawful for Person Under 18 Years Old to 
Operate—lIt shall be unlawful for any person under the age 
of eighteen (18) years to operate any automobile or other 
motor vehicle upon the streets or ways of the City of Houston. 
(May 6, 1907; Ord. Bk. 2, p. 382, Sec. 4.) 


Sec. 48. Signal Lights to Be Provided—lIt shall be unlaw- 
ful for any person to operate or leave standing on the streets 
of the City of Houston after dark any automobile or other 
motor vehicle unless said machine is provided with signal lights 
in front and on the rear end thereof; and said rear light shall 
be so adjusted as to illuminate and make visible the number 
of said machine at night time; and it shall not be a compliance 
with the requirement of this section for the side lights to the 
front of the automobile or vehicle to be kept burning, but to 
comply with the requirement of this section the headlight and 
both of them on the automobile or vehicle must, be burning 
and casting a strong illumination in front of the vehicle. | 
(Amendment Oct. 10, 1910; Ord. Bk. 2, p. 588, Sec. 1.) 


Sec. 49. Right to Civil Action Not Abridged—Nothing in 
this chapter shall be construed to curtail or abridge the right 
of any person to prosecute a civil action for damages by rea- 
son of injuries to persons or property resulting from the neg- 
ligent use of the streets or ways of the City of Houston by 
any motor vehicle, its owners, his employee, or agent. (May 
6, 1908; Ord. Bk. 2, p. 382, Sec. 6.) 


Sec. 50. Penalty—Any person violating any provision 
of the next three preceding sections shall be deemed guilty of 
an offense, and upon conviction thereof shall be fined in any 
sum not less than Five Dollars nor greater than One Hundred 
Dollars. (Id., Sec. 6.) | 


Sec. 51. Mufflers; When Required—Every motor vehicle 
propelled by an internal combustion engine, when such motor 


of the City of Houston © 29 


vehicle is on any street, road, avenue, alley, park or public 
place within the City of Houston, shall, when such engine is 
running, be equipped with a muffler or silencer through which 
all of the exhaust gases from the engine will escape into the 
atmosphere, so arranged as to reduce, so far as possible, the 
noise which would otherwise be caused by the escape of said 
gases. (April 15, 1912; Ord. Bk. 3, p. 77, Sec. 1.) 


Sec. 52. Allowance Exhaust Gases to Escape, Etc.—The 
operator or driver of any such motor vehicle shall not use 
any cut-out, fitting or other apparatus or device which will 
allow the exhaust gases from the engine of such motor vehicle 
_ to escape into the atmosphere without first passing through 
a muffler or a silencer, as described in the next preceding sec- 
tion. (Id., Sec. 2.) 


Sec. 53. Penalty—Any person, firm or corporation who 
shall violate the next two preceding sections shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall 
be fined in any sum not less than Ten Dollars nor more than 
Fifty Dollars. (Id., Sec. 2.) | 


30 - Revised Code of Ordinances 


CHAPTER IV. 
Buffalo Bayou, Etc. 


Sec. 54. Contaminating Water of Buffalo Bayou Above 
the Water Works Dam—AIll persons are hereby prohibited 
from entering, or causing animals of any kind to enter, Buf- 
falo Bayou above the dam of the Waterworks Company in the 
City of Houston, for any purpose whatever; and from put- 
ting or causing to be put any filth or garbage of any descrip- 
tion into said water; and from committing any nuisance of 
any description whatever therein; or from bathing therein; 
and from placing filth or garbage of any kind on the banks 
thereof, or adjacent thereto, from which the water of said 
bayou is liable to be in any manner contaminated. And any 
person who shall so offend must be fined not less than Twenty- 
five nor more than One Hundred Dollars. (Code 1904, Art. 
959.) 


Sec. 55. Bathing in the Bayous—lIt shall not be lawful for 
any person to bathe in a nude state in any of the waters of 
Buffalo or White Oak Bayous within the corporate limits of 
the City of Houston between sunrise and sunset, and any per- 
son who shall so bathe in said waters shall be fined in a sum 
of not less than Five nor more than One Hundred Dollars. 
(Id., Art. 960.) ; 


Sec. 56. Erecting Slaughter House or Soap Works Above 
the Waterworks Dam; Penalty; Nuisance—lIt shall be unlaw- 
ful for any person to erect any slaughter house or soap factory 
on or near the banks of Buffalo Bayou, within the corporate 
limits of the City of Houston, above the dam of the Waterworks 
Company, or upon any ravine or gully tributary to or run- 
ning into Buffalo Bayou above said dam. And any person 
so offending shall be fined in the sum of ten dollars for each 
and every day such slaughter house or soap factory or other 
business is operated or carried on. Any such slaughter house, 
soap factory or other business liable to contaminate the waters 
of Buffalo Bayou is hereby declared to be a nuisance, preju- 
dicial to the health of the city, and the Chief of Police of said 
city, upon the order of the Health Officer, shall immediately 
cause the same to be abated. (Id., Art. 961.) 


Sec. 57. Depositing Refuse, Etc., in or Along Margin of 
Buffalo Bayou Prohibited, and Penalty—It shall be unlawful 


of the City of Houston : 31 


for any person, firm or corporation to place, throw or deposit, 
or cause to be placed, thrown or deposited, in the waters of 
Buffalo Bayou, within the limits of the City of Houston, or 
along the margin of said bayou, or between the edge of the 
water of said bayou and the top of the bank thereof, or within 
twenty feet of the edge of the top or the highest point of the 
bank of said bayou, within such limits of the City of Houston, 
any garbage, vegetable, animal or mineral matter or sub- 
stance, dung, carrion, dead animals, offal, or nauseous liquid, 
any trash, shavings or chips, either of wood or metal, or any 
substance or material of any character calculated to narrow 
or fill up said bayou, or to obstruct navigation thereon, or 
cause sickness within the limits of said City of Houston. Any 
person, firm or corporation violating this section, or any pro- 
vision thereof, shall, upon conviction, be fined in any sum not 
less than Twenty-five Dollars and not more than Two Hun- 
dred Dollars. (lId., Art. 962.) 


Sec. 58. Unlawful to Discharge Waste Oils, Etc., in 
Bayou—That it shall be unlawful for any person, firm, cor- 
poration, or receivers thereof, owning or operating any fac- 
tory, manufacturing plant, or commercial enterprise of any 
_ nature whatever, or for any person whatsoever, to discharge 

waste oil or oils, inflammable liquids, or inflammable volatile 
substances of whatsoever kind, into Buffalo Bayou or White 
Oak Bayou, or the tributaries of either. (Mar. 26, 1906; Ord. 
Bk. 2, p. 256, Sec. 1.) | 


Sec. 59. Where Such Substances Reach and Flow in, Con- 
stitutes Offense—That any person, firm, corporation, or re- 
ceivers thereof, who deposits, or allows to be deposited, the 
aforesaid inflammable substances, or any of them, in such 
place or position, or in such manner as that said substances 
actually do, immediately or mediately, reach and flow into said 
streams, or any of them, shall be deemed guilty of discharg- 
ing said substances into said bayous, as aforesaid, and shall 
be subject to all penalties hereinafter provided. (Id., Sec. 2.) 


Sec. 60. Discharging of Refuse Oils, Etc., in Bayous De- 
clared Nuisance—That this discharging of refuse oils and 
other inflammable fluids and substances into Buffalo and 
White Oak Bayous, and the tributaries thereof, is a menace 
to the property rights of persons doing business on or in the 
vicinity of said bayous, and is hereby declared a nuisance. 
(Id., Sec. 3.) 


Sec. 61. Penalty—That any person, firm, corporation, or 
receivers thereof, violating the next three preceding sections 


32 Revised Code of Ordinances 


shall be guilty of a misdemeanor, and shall, upon conviction 
thereof in the Corporation Court, be fined in any sum not less 
than Ten Dollars nor more than Two Hundred Dollars; pro- 
vided, that each day such nuisance is maintained shall be 
considered a separate offense. (Id., Sec. 4.) 


Sec. 62. Unlawful to Fill in or Extend Banks of Bayous; 
to Pile Earth, Etc.—That it shall be unlawful for any person, 
firm or corporation to fill in or extend the banks of Buffalo 
or White Oak Bayous, so as in any manner to decrease or 
diminish the capacity thereof, or so as to interfere in any 
manner with the navigability thereof, or to pile earth, ma- 
terials, trash, garbage, or other refuse of whatsoever charac- 
ter, upon or along the banks of said streams in such a man- 
ner as to be precipitated or carried into said streams by rains, 
floods, or otherwise, and it shall be unlawful to alter or modify 
the course, location or capacity of said streams within the 
limits of the City of Houston, or within the limits of said City’s 
jurisdiction of said streams, as declared in its Charter, with- 
out a permit from the Secretary of War of the United States; 
it being the intention of this section to prevent any and all 
encroachments upon said streams that would in any manner 
whatsoever impair the usefulness of said streams for purposes 
of navigation. Provided, that nothing herein contained shall 
apply to or prohibit operations in connection with the im- 
provement of said navigable waters, or the construction of 
public works necessary and proper for the improvement of 
navigation in said streams. Provided, further, that this sec- 
tion shall not apply to any person having a permit from the 
Secretary of War of the United States to make such changes 
or deposits in said streams, as are specifically set out in said 
permit.) (Qct..12; 1909; OrdaBki 2) piss ec. 1.) 


Sec. 63. Penalty—Any person, firm or corporation violat- 
ing the next preceding section shall, upon conviction thereof 
in the Corporation Court, be fined in any sum not less than 
Five Dollars ($5.00) nor more than Two Hundred Dollars 
($200.00). (Id., Sec. 2.) 


of the City of Houston 33 


CHAPTER V. 


Carriers. 


Article 1.—Licenses, Regulations, Rates, Penalties, Etc. 


2.—Stands. 
ARTICLE 1. 
LICENSES, REGULATIONS, RATES, PENALTIES, ETC. 


Sec. 63a. Definition of ‘‘Carriage’”—The term “carriage,”’ 
as used in this chapter, includes every kind of vehicle running 
upon wheels, including bicycles, except where otherwise spe- 
cially provided in this Code. (Code 1904, Art. 330.) 


Sec. 64. Every Driver to See That His Vehicle Has a Li- 
cense and Provisions for the Issuance Thereof—The driver 
of every carriage or other vehicle subject to the payment of a 
license due under the provisions of this chapter shall see to it 
before he undertakes to drive the same in the City of Houston 
that the carriage or vehicle he drives is licensed under a li- 
cense to be issued by the City Assessor and Collector of the 
City of Houston and countersigned by the Mayor; provided, 
that no license shall issue permitting or allowing a carriage 
or motor driven vehicle to be run or operated for the carriage 
of passengers for hire, except to a bona fide owner of said 
vehicle, who must apply in writing to the City Assessor and 
Collector for such license, and must show in said application 
or in connection therewith to the satisfaction of the City As- 
sessor and Collector that the said applicant is the bona fide 
owner of said vehicle and that he has resided within the limits 
of the City of Houston as an actual bona fide resident thereof 
for at least 90 days prior to the filing of his application; pro- 
vided further, that where any such application has remained 
on file with the City Assessor and Collector for 30 days it 
shall not be necessary for the applicant, if the bona fide owner 
of the vehicle, to establish his residence in the City of Houston 
for the 90 days. (Nov. 7, 1913; Ord. Bk. 3, p. 502, Sec. 1.) 


Sec. 65. Owners Must Give Bond—The owner of every 
carriage or other vehicle run for hire in the business of the 
carriage of passengers, goods, wares or merchandise under the 
provisions of this chapter shall, as a condition precedent to 
the issuance of a license to run the same, execute a bond for 


34 Revised Code of Ordinances 


the sum of Five Hundred Dollars, payable to the City of Hous- 
ton, with good and sufficient sureties, conditioned that the 
driver of such carriage will faithfully carry and deliver all 
goods intrusted to him, at the established rates, and that he 
will comply with all the ordinances of the City concerning 
public carriages and other vehicles, which bond shall be ap- 
proved by the Mayor; provided, that the owner of more than 
one such vehicle may give bond in an amount necessary to 
cover all his vehicles at said rate; provided, further, that when 
the number of vehicles is more than ten and less than twenty, — 
said bond shall be in the sum of Five Thousand Dollars, and 
when made to cover twenty vehicles or more, said bond shall 
be in the sum of Ten Thousand Dollars. The said bond may 
be sued upon in the name of the party injured by a breach 
thereof, and it shall not be void upon one recovery, but may be 
sued on from time to time, until the whole amount of the pen- 
alty is recovered. (Amendment Art. 832, Mar. 11, 1914; Ord. 
Bk. 4, p. 808, Sec. 1.) 


Sec. 66. Record; Number to Be Kept—The Assessor and 
Collector shall keep a record in which he shall enter the names 
of all the owners of carriages, and the number and date of each 
license. He shall furnish the owner of the carriage licensed 
with a number for his carriage, which shall be kept conspic- 
uously fixed thereon. (lId., Art. 833.) 


Sec. 67. License Fees—The license fees per annum shall 
be as follows, to-wit: For each and every dray, furniture cart, 
grocery or other delivery wagon, or other vehicle, on which a 
license may be charged, One Dollar ($1.00). (Id., Art. 834.) — 


Sec. 68. How Long Shall Run—All license dues above 
provided for, shall run from the first day of January one year 
to the first day of January next year. (Id., Art. 834.) 


Sec. 69. License May Be Transferred—The license above 
provided for may be transferred to the purchaser upon a sale 
of the carriage being made; but the Assessor and Collector 
Shall be notified of such sale and transfer within five days 
after such sale and transfer being made, or the license is 
absolutely forfeited. (Id., Art. 836.) | 


Sec. 70. Driver Must Respond to Call—The driver of 
every carriage, when unemployed, shall, on demand, go to 
any place in the inhabited part of the city, and there load his 
carriage, and shall not refuse to carry such load to any other 
place in the city to which he may be required to go, upon 
his legal fare being tendered him. (Id., Art. 837.) - 


of the City of Houston 35 


Sec. 71. What is a Load—That a full load for a dray or 
cart shall not exceed twelve hundred pounds in weight; pro- 
vided, that the above shall not apply to household furniture, 
pianos or trunks. (lId., Art. 888.) 


Sec. 72. Charges Allowed—tThe prices, or rates to be 
charged by the owners, lessees, drivers or operators of drays, 
wagons, trucks and other vehicles carrying freight or bag- 
gage for hire, within the limits of the City of Houston, shall 
not exceed those in the following schedule, viz: 


For a load conveyed to any place within one mile, twenty- 
five cents; for every load conveyed to any place exceeding one 
mile, at the rate of fifteen cents per half mile and twenty-five 
cents per mile. 


For a load of household furniture on two horse truck or 
wagon, within two miles, as per agreement. 


For one piano or organ within two miles as per agreement. 


For one trunk within one mile, twenty-five cents; within 
one and one-half miles, forty cents; within two miles, fifty 
cents. 


A mile as herein used is defined to be sixteen squares by 
- the most direct route. 


The driver shall load and unload all freight, etc., hauled, 
and shall load and unload pianos and trunks, and place them 
where desired in house where delivery is made. (ld., Art. 
839.) 


Sec. 73. Refusal to Carry; Extortion; Penalty—No own- 
er, lessee, driver or proprietor of any of the vehicles named, 
licensed as required by the ordinances of the City of Houston, 
shall refuse to carry within the said city, the baggage, goods or 
merchandise of any person when applied to for that purpose; 
or having undertaken to convey such baggage, goods or mer- 
chandise, or other thing, shall omit or neglect to do so, or 
shall state to, ask, take or extort, from any person desiring to 
have, or having had, conveyed to any place in said city such 
baggage, goods or merchandise, or other thing, as the price 
or rate of fare for such conveyance, any greater price or rate 
of fare than that herein established, shall be deemed guilty 
of an offense, and shall be fined upon conviction not less than 
Five Dollars and not more than Twenty-five Dollars. (ld., 
Art. 839.) 


Sec. 74. Payment of Legal Charges; Right to Hold For; 
Penalty, How Settled—That every owner, lessee, driver or 


36 Revised Code of Ordinances 


operator of any of the vehicles before named, shall be entitled 
to be paid the legal rate of compensation provided in this 
chapter immediately upon carting or transportation of any 
article or thing; and it may be lawful for any such owner, 
lessee, driver or operator of any such vehicle to retain any 
article or thing so carted or transported by him, for which he 
is not so paid the legal price or rate, until paid. All disputes 
or disagreements as to distance or rates of compensation be- 
tween owners, drivers, lessees or operators of such vehicles 
and persons employing them, shall be determined by the Chief 
of Police, or the person at the police station in charge thereof, 
and in the event that the decision is against the person em- 
ploying such vehicle, he shall pay the rates or prices for re- 
hauling same to destination, and if in his favor, the article or 
things shall be hauled to destination without other charge 
than the charge decided by Chief of Police to be the proper 
charge for the original hauling. (Id., Art. 841.) 


Sec. 75. How to Receive or Discharge Passengers or 
Freight—All hacks, drays or other carriages shall have the 
right to drive or back to any sidewalk in the city, and remain 
there a reasonable length of time to receive or discharge pas- 
sengers or freight, but it shall be unlawful to remain longer 
than a reasonable time to do so, or after the owner or occu- 
pant of the premises in front of which the carriage may be 
standing shall have requested the owner or driver of such 
carriage to move away. A reasonable length of time, as con- 
templated in this article, is in no event to exceed thirty min- 
utes. (Id., Art. 843.) 


Sec. 76. Licensed Vehicle a Hack—Every licensed ve- 
hicle for the conveyance of passengers shall be considered a 
hack within the meaning and intent of this chapter. (Code 
LIVZRATIS S42, ) a ; 


Sec. 77. Charges for Services—The charges for the serv- 
ices of carriages, hacks, omnibusses and motor vehicles, within 
the City of Houston, for transportation of passengers, shall 
not exceed those stated in the following schedule, namely: 


Provided, that for children, not exceeding two in num- 
ber, under five years of age, accompanied by an adult, no 
charge shall be made. 


Day rates (between 5 a.m. and 12 midnight). By the trip: 
One mile or less, one passenger, 50 cents; each additional pas- 
senger in the same party to the same destination, 35 cents; 


of the City of Houston BT 


each additional mile or less, one passenger, 25 cents; each 
additional passenger in the same party to the same destination, 
_ 15 cents. | 

Night rates (between 12 midnight and 5 a. m.). By the 
trip: One mile or less, one passenger, 75 cents; each addi- 
tional passenger in the same party to the same destination, 
50 cents; each additional mile or less, one passenger, 35 cents; 
each additional passenger in the same party to the same desti- 
nation, 25 cents. 


_ By the hour: First hour, one or more passengers, $1.50, 
between the hours of 5 a. m. and midnight; $2.00 between the 
hours of 12 midnight and 5 a. m.; each additional quarter 
hour, or part thereof, one or more passengers, 25 cents, day 
or night. 


When vehicles are not engaged by the hour, trip rates shall 
be charged. ; 


When charges for a trip or trips exceed rates per hour, 
charges shall be by the hour. 


The driver of a public vehicle who may be required to travel, 
by the most direct route, one mile or more, to make response 
to a call, may make an additional charge of 25 cents therefor. 


Children between five and twelve years of age, one-half 
rates, when accompanied by an adult, or a full fare of one of 
the occupants. The driver of such vehicle shall be entitled to 
make a charge of not exceeding 50 cents for each trunk; and 
each passenger shall be entitled to have conveyed, without 
charge, such other valise or other small packages as may be 
carried by hand. ‘The driver shall load and unload all bag- 
gage, and check same, if requested to do so, without additional 
charge. 

A mile, as herein used, is defined to be sixteen squares by 
the most direct route. (Aug. 19, 1907, Ord. Bk. 2, p. 442, 
Sec. 1.) 


Sec. 78. Must Have Card Showing Rates, Etc.—Every 
vehicle named in this article shall have permanently affixed to 
the interior thereof, in a conspicuous place, a receptacle that 
shall contain at all times a card so situated that it can be read 
by the passensrers without being removed, upon which shall 
be printed,.in plain type, not less than ten-point in size, Section 
77; and number of driver’s license, and the name of the owner 
of the vehicle, and the name of the driver; and no other card, 
papers, or thing whatever, shall be carried in said receptacle. 


Said cards shall be prepared and furnished by the City Secre- 
10 


38 Revised Code of Ordinances 


tary on application, without cost, to the owner of any licensed 
vehicle, an¢ it shall be unlawful, both in the owner of said 
vehicle and the driver thereof, to operate said vehicle without 
said card SO visible; and upon conviction in the Corporation 
Court, the person or persons violating this provision of this 
section shall be fined in any sum not less than Five Dollars 
($5.00) nor more than Fifty Dollars ($50.00) for each offense, 
and it shall be a separate offense to so operate said hack 
for each day or part of a day said hack is so operated, and it 
shall be a separate offense, both in the owner of the said ve- 
hicle and in the driver thereof. (Id., Sec. 2.) 


Sec. 79. Passenger Must Pay Legal Fare—Any person 
who shall, where the schedule of charges is posted in the ve- 
hicle, as required by this article, refuse to pay the legal fare, 
as prescribed in Section 77, where there has been no agree- 
ment for a less amount, for a vehicle*that he has hired, shall, 
upon conviction thereof, be compelled to pay the owner, driver, 
lessee or operator of said vehicle an amount equal to the legal 
‘fare, and shall be fined not less than Five Dollars ($5.00) and 
not more than Fifty Dollars ($50.00) ; provided, that the pay- 
ment of the fare has been demanded, and the attention of the 
passenger called to the posted schedule of charges. (ld., 
Sec. 3.) 


Sec. 80. Must Carry Passenger when Full Fare is Ten- 


dered—If any owner, driver, lessee or operator of any vehicle © 


herein named shall refuse to convey a passenger at the rate 
herein provided, or shall demand or receive an amount in 
excess of the lawful fare, as provided in Section 77, he shall 
be liable to a fine, upon conviction in the Corporation Court, 
in any sum not less than Five Dollars ($5.00) nor more than 
Fifty Dollars ($50.00), and shall return to such passenger 


any amount he may have received in excess of the legal fare. 


(Id., Sec. 4.) 


Sec. 81. May Accept Less Than the Legal Fare—If any 
owner, lessee, driver or operator of any of the vehicles herein 
named shall agree, before being engaged, to accept less than 
the legal fare, he shall not afterwards demand more than the 
amount agreed upon. (Code 1904, Art. 859.) — 


Sec. 82. Must Have Numbers on Lamps—Every vehicle 
named in this chapter shall have plainly indicated on the glass 
of its lamps the number of its license, and the figures of such 
numbers shall not be less than one and one-half and not more 
than two inches in height; the said number and its position 


of the City of Houston 39 


upon the glass of the lamps will be subject to the approval of 
the Chief of Police. (Id., Art. 858.) 


Sec. 83. Must Be Safe and Sanitary—Any vehicle for the 
conveyance of passengers for hire, which is in an unsafe, un- 
sanitary or unsightly condition, may be condemned by the 
Chief of Police, or a committee designated by the Mayor to 
inspect same; and if the owner, driver, lessee or operator 
thereof shall continue to utilize said vehicle without first hav- 
ing made the same safe, sanitary and sightly, he shall be fined 
as provided in Section 84. (Id., Art. 862.) 


Sec. 84. Penalty in Certain Cases—Any owner, driver, 
lessee or proprietor violating any of. the provisions of this 
article, where no special penalty is provided therefor, shall be 
fined upon conviction in the Corporation Court, in any sum not 
less than Five Dollars ($5.00) and not exceeding Ten Dollars 
($10.00). (Id., Art. 863.) 


~ Sec. 85. Carrying Invalids; Duty in Certain Cases—The 
owner or driver of any carriage for the conveyance of passen- 
gers shall be at liberty to refuse to carry any invalid, even upon 
tender of his legal fare, whose appearance shall justify him in 
believing the disease or sickness from which such invalid is 
suffering to be infectious or contagious. And should such 
owner or driver, at any time, have reason to believe that he has 
inadvertently driven any person suffering from such disease 
or sickness, he shall forthwith report the fact to the Health 
Officer, with a view to having his carriage disinfected, and at 
the same time shall make known the address to which he drove 
such invalid. (Id., Art. 870.) 


Sec. 86. Penalty—Every driver, motorman or conductor 
of any of the aforesaid vehicles for hire, or cars, who shall vio- 
late the next preceding section shall, on conviction, be punished 
by a fine of not less than Five Dollars ($5.00) and not more 
_ than Fifty Dollars ($50.00), for each and every offense. (Id., 
Art. 866.) 


Sec. 87. Soliciting Custom in Railroad Passenger De- 
pots—It shall be unlawful for any person or persons in any 
passenger depot or upon any passenger depot platform, 
grounds or premises of any railroad company, or upon any 
sidewalk or street in front of any passenger depot of any rail- 
road company within the City of Houston, Harris County, 
Texas, to solicit or to cry out for passengers or baggage for 
any hotel or other place, or to solicit or call to or request any 


A) _ Revised Code of Ordinances 


person or persons to become passengers, or for the carriage of 
any baggage in or on any vehicle for hire, for or to any hotel, 
railroad depot or other place within or without said city. 
(Sept. 19, 1904, Ord. Bk. 2, p. 141, Sec. 1.) 


Sec. 88. Unlawful to Call Out ‘‘Hack,’”? Etc.—lIt shall be 
unlawful for any person or persons to speak or call out in a 
loud manner the words “hack,” “carriage,” “bus,” “baggage”’ 
or “‘hotel” at any passenger depot or upon any passenger depot 
platform, grounds or premises of any railroad company, or 
upon any sidewalk or street in front of any passenger depot 
of any railroad company within the City of Houston, Texas. 
(Id.) 


Sec. 89. Unlawful for Driver to Leave Vehicle, Etc.— 
When any licensed hack, bus, wagon or other vehicle pro- 
vided for the conveyance of persons or baggage is at any depot 
in the City of Houston, it shall be unlawful for the driver or 
person in charge thereof to leave the same and enter the depots 
or go upon the sidewalk or private property of any railroad 
company for the purpose of soliciting, and does so solicit, the 
transportation or conveyance of any passengers or baggage 
arriving on the trains at Said depots. (Id.) 


Sec. 90. Penalty—Any person guilty of a breach of either 
or any of the provisions of the three next preceding sections 
shall, upon conviction, be fined in any sum not less than 
Ten Dollars ($10.00) nor more than One Hundred Dollars 
($100.00) for each and every offense. (lId.) — 


ABLICIOn 22: 
STANDS. 


Sec. 91. Public Stands for Hacks—The following are 
hereby designated as public stands for licensed hacks carrying 
passengers for hire: 

Stand 1—On west side of the Court House square and the 
south side of the west entrance to the Court House square, five 
hacks. 

Stand 2—On the south side of the Court House square, nine 
hacks; provided, that no hack shall stand within ten feet of 
the south entrance of the Court House square. 

Stand 3—On the north side of the Court House square, nine 
hacks; provided, that no hack shall stand within ten feet of the 
entrance to the Court House square on the north side thereof. 


of the City of Houston 4l 


Stand 4—On the north side of the Market House square, 
nine hacks. 

Stand 5—On the east side of Fannin Street, between Texas 
Avenue and Prairie Avenue, seven hacks. 


Stand 7—On the north side of Texas Avenue, between Travis 
and Milam Streets, seven hacks. (Sept. 2, 1913, Ord. Bk. 3, 


= D420) Secs 1s) 


Sec. 92. Stands for Public Drays, Etc.—The following are 
hereby designated as stands for public drays, express, moving 
and furniture wagons, and other carriers of goods, wares and 
merchandise, etc., for hire: 

Stand 1—On the north side of the City Jail, four vehicles. 

Stand 2—On the lot and in front of the lot belonging to the 
City of Houston at the corner of Texas Avenue and San Jacinto 
Street, the said lot fronting one hundred feet on Texas Avenue 
and one hundred feet on San Jacinto Street, twenty vehicles. 

Stand 8—On the north side of Washington Avenue, between 
Eighth and Ninth Streets, seven vehicles. 

Stand 4—On the north side of Preston Avenue, between St. 
Charles and St. Emanuel Streets, seven vehicles. 

Stand 5—On the east side of St. Charles Street, between 
' Preston and Prairie Avenues, seven vehicles. (Code 1904, 
Art. 849.) 


Sec. 93. If Public Stand Is Occupied—When a public 
stand is occupied by the full number of vehicles authorized by 
this chapter, no other vehicle shall loiter or wait nearby to take 
a place thereat. (Id., Art. 850.) 


Sec. 94. Stands for Street Cars—The following are here- 
by designated as public stands for street cars operated within 
the City of Houston: 


Stand 1—On Franklin Avenue, at the east side of Main 
Street. 


Stand 2—On Preston Avenue, at the east side of Main 
Street. 


Stand 3—On Prairie Avenue, on the east side of Main Street. 
Stand 4—On Texas Avenue, on the east side of Main Street. 
Stand 5—On Main Street, on the south side of Texas Avenue. 


Stand 6—On Travis Street, on the south side of Texas 
Avenue. 


Stand 7—On Travis Street, on the south side of Prairie 
Avenue. , 


42 Revised Code of Ordinances 


hed 


Stand 8—On Congress Street, on the west side of Main 


Street. 
Stand 9—On Franklin Avenue, on the west side of Travis 


Street. (Id., Art. 851.) 


Sec. 95. Vehicles and Street Cars Shall Not Loiter—Ve- 
hicles for hire and street cars shall not loiter or stop upon any 
street or avenue, except at the regular public stands, estab- 
lished by this article; provided, any such vehicle or car may 
stop at any place for the purpose of receiving or discharging 
freight or passengers; and provided, further, that this article 
~ shall not be construed as preventing said vehicles or cars from 
stopping where required to do so by any accident or conditions 
which may render it impossible for such vehicles or car to 
proceed; and provided, further, that this article shall not 
prevent the vehicles named in this chapter from standing at 
the different passenger depots of railroads in this city when 
a passenger train is due or expected to arrive within thirty 
minutes, and the space in front of the waiting room of such 
depots being hereby established as public stands for vehicles - 
for the carriage of passengers, at such times; and the space in 
front of the baggage rooms and extending along the street 
on the side of the depot farthest away from the waiting rooms 
being hereby established as a public stand for vehicles for the 
carriage of baggage and freight; and provided, further, that 
the driver of any such vehicle so occupying such public stands 
in front of a passenger depot, shall remain on his vehicle, 
except when he has a customer whom he is assisting; and 
provided, further, that any such driver of any such vehicles 
occupying a stand in front of any passenger depot shall be 
subject to each and every term, provision and penalty in the 
ordinances made and provided. (Sept. 9, 1904, Ord. Bk. 2, 
p. 148, Sec. 1.) 


Sec. 96. No Two Vehicles to Stand Abreast—In no street 
designated as public stands for vehicles for hire, shall vehicles 
arrange two abreast, but shall stand near the curb in single 
file, and so as not to block access to other vehicles desiring to 
gain entrance to the doorways along said street. The first 
vehicle arriving at any stand shall have the first choice of place, 
the second the second choice, and so forth. Provided, that 
when not standing on the street on the stand at the corner of 
Texas Avenue and San Jacinto Street vehicles standing on the 
city’s lot may arrange themselves two or more abreast. 


Sec. 97. Shall Take as Little Room as Possible—Vehicles 
occupying said public stands shall, in taking their positions at 


of the City of Houston 43 


such stands, do so with a view of permitting and allowing 
room for other vehicles to approach and gain access to the 
sidewalks in front of all entrances to buildings fronting on said 
streets, and shall occupy positions as hereinbefore provided, in 
front of dead wall as nearly as possible. 


Sec. 98. No Vehicles to Stand Out Over Eight Feet— 
That no private or public vehicle of whatsoever kind, whether 
hitched or stationary, shall be permitted to extend outward to 
a greater distance than eight feet, measured from the outer 
edge of the curb line. 


Sec. 99. Must Take Positions Twenty Feet from Street 
Crossings—Vehicles in taking positions at said stands shall 
take a position at least twenty feet away from the crossings 
and intersections of cross streets, and parallel with the curb- 
ing. (lId., Art. 864.) 


Sec. 100. Stands Not for Exclusive Use—The designation 
of certain portions of streets herein as public stands for ve- 
hicles for hire shall not be construed to grant to such vehicles 
the absolute and exclusive right to said portion of such street, 
but they shall always permit other vehicles desiring to ap- 
proach the sidewalk on said street, for the purpose of dis- 
charging or receiving passengers or freight, or to transact 
other business with persons in any building fronting on said 
street, to do so by making room for them, and that such other 
vehicle shall move out just as soon as it has deposited its pas- 
sengers or freight, or transacted its business, and permit the 
vehicle originally occupying such stand to have its place. 


Sec. 101. Penalty—Every driver, motorman or conductor 
of any of the aforesaid vehicles for hire, or cars, who shall vio- 
late any section of this article shall, on conviction, be punished 
by a fine of not less than Five Dollars ($5.00), and not more 
than Fifty Dollars ($50.00), for each and every offense. (Id., 
Art. 866.) 


44 Revised Code of Ordinances 


CHAPTER VI. 
Chimneys and Flues. 


Sec. 102. Creation of Office Inspector of Chimneys and 
Flues; Duties, Offenses, Penalties—That there is created the 
office of Inspector of Chimneys and Flues for the City of 
Houston, whose duty it shall be to inspect all chimneys and 
flues within the City of Houston from time to time for the 
purpose of ascertaining whether or not such chimneys and 
flues are constructed in accordance with the ordinances of said 
City of Houston, or whether or not since their construction 
they have become dilapidated, or in such a state of disrepair, 
or whether or not they need to be cleaned, in order to prevent 
fires catching therefrom, and where such inspector ascertains 
that any, or all, of such conditions exist, he shall notify the 
owner, tenant, lessee or occupant of the building, house or 
structure of which such chimney or flue is a part, to: rebuild, 
repair or clean the same as the condition demands within ten 
days from the date of notice, and any and every such owner, 
tenant, lessee or occupant who shall fail to so rebuild, repair 
or clean such chimney or flue within such time when so notified 
by said inspector shall be deemed guilty of a misdemeanor, 
and upon conviction thereof, shall be fined in any sum not less 
than Ten Dollars ($10.00) nor more than Twenty-five Dollars 
($25.00), and each day that such chimney or flue is allowed to 
remain in such condition, after the expiration of the time 
within which he has to comply with such order of said inspec- 
tor, shall constitute a separate offense. (June 2, 1913, Ord. 
Bk. 3, p. 366, Sec. 1.) 


Sec. 103. Appointment, Removal, Etc., of Inspector— 
That said Inspector of Chimneys and Flues shall be appointed 
by the Mayor and confirmed by the City Council and shall 
receive such salary as they may allow, and shall be subject to 
removal by the Mayor at any time. (Id., Sec. 2.) 


Sec. 104. Unlawful to Use Soft Coal, Etc., Under Certain 
Conditions—It is hereby declared unlawful for any person or 
corporation, the flues of whose houses or establishments emit 
smoke which blows upon or against higher buildings adjacent 
thereto so as to disturb or diminish the ordinary comfort or 
convenience of living of the inmates or occupants of said 
higher building, to continue to burn or use soft coal or other 


of the City of Houston 45 


fuel, the smoke of which is equally offensive, unless such per- 
son or corporation using such soft coal or other offensive fuel 
keeps and maintains some device or apparatus which success- 
fully consumes the smoke so that it is not emitted from the 
flues, and it shall be a separate offense on the part of the per- 
son or corporation using such soft coal or other offensive fuel 
for each day that same is used after notice from the Fire 
Marshal of the City of Houston, or his deputy or assistant, to 
discontinue the use of the same. (May 21, 1913, Ord. Bk. 3, 
p. 348, Sec. 1.) 


Sec. 105. Penalty—For each violation of the preceding 
section, the offending person or corporation shall, upon convic- 
tion in the Corporation Court, be fined in any sum not less 
than Ten Dollars ($10.00) nor more than Two Hundred Dol- 
lars ($200.00). (Id., Sec. 2.) 


Sec. 106. Flues, Etc., of Certain Character to be Pro- 
vided with Smoke and Soot Consumers—That all persons, 
firms or corporations operating or carrying on or conducting 
any business, factory, occupation or establishment, within the 
limits of the City of Houston, burning or using soft coal or 
other fuel from which smoke or soot is emitted or discharged 
through any flue, chimney, smokestack or other structure or 
appliance so as to be offensive to the residents or inhabitants 
of said section, shall equip the same with some device or ap- 
paratus which successfully consumes the smoke or soot so that 
the same is not discharged or emitted, and that it shall be 
unlawful for any person, firm or corporation to so operate, 
carry on, or conduct the same within the limits of the City of 
Houston without so equipping such flue, chimney, smokestack 
or other structure or appliance with such device or apparatus; 
provided, that this section shall not be construed to compel the 
owner or occupant of any building or house used exclusively as 
a private residence to provide such device or apparatus. (Aug. 
4, 1913, Ord. Bk. 38, p. 405, Sec. 1.) 


Sec. 107. Flue Inspector, Authority of—That the Flue 
Inspector of the City of Houston is hereby given the right 
and authority, during reasonable hours, to enter upon any 
premises, upon which is located any flue, chimney, smokestack 
or other structure or appliance from- which soot or smoke may 
be discharged or emitted offensively to the residents, for the 
purpose of making an examination as to the cause of such 
emission or discharge, and for the purpose of ascertaining the 


46 Revised Code of Ordinances 


kind and character of fuel used, and the manner of using the 
same. (Id., Sec. 2.) 


Sec. 108. Penalty—That any person, firm or corporation, 
or receiver, officer, agent or manager thereof, violating any 
of the provisions of the next two preceding sections, shall be 
deemed guilty of a misdemeanor and, upon conviction, shall be 
fined in any sum not less than Ten Dollars ($10.00) nor more 
than Two Hundred Dollars ($200.00), and each and every day 
that said violation continues shall constitute a separate and 
distinct offense. (Id., Sec. 3.) 


of the City of Houston 47 


CHAPTER VII. 
City Council. 


Sec. 109. Rules Governing Proceedings of City Council— 
That the following rules shall govern the proceedings of the 
City Council of the City of Houston: 


Rule I—Meetings: The City Council shall meet in the 
Council Chamber in regular session every Monday afternoon 
at 4 o’clock p. m., and at such other times as it may be called 
by the Mayor, the Mayor pro tem or by call of a majority of 
the members thereof. No notice is required for an adjourned 
meeting, but when a special meeting is called, personal notice 
shall be given to each member of the Council, if possible, but 
personal notice to a majority of the members shall always be 
sufficient for special meetings. 


Rule [I—Presiding .Officer: The Mayor shall preside at 
all meetings of the City Council, or if for any reason he is 
absent, sick or unable to act, then the Mayor pro tem shall 
preside, and shall exercise all of the powers and discharge 
the duties of the Mayor. (July 24, 1905,;Ord? Bk. 2, p. 225, 
Sec. 1.) 


Rule I]J—Order of Business: The proceedings of the City 
Council shall be as follows: 

(1st) To call the roll and mark absentees. 

(2nd) The adoption, and if necessary, the correction of the 
minutes. 

(8rd) Receiving petitions. 

(4th) Receiving reports of special and standing commit- 
tees. 

(5th) Unfinished business. 

(6th) New business. 

(7th) Consideration and passage of bills. 

(Amendment Rule 3, Jan. 26, 1914, Ord. Bk. 4, p. 39, Sec. 1.) 


Rule IV—Decorum: The members of the City Council 
shall be seated except while addressing the Chair, and shall 
not be interrupted while speaking, without their consent, 
except by a call to order of the Chair or to correct a statement 
of facts. The presiding officer or the Council may fine or 


48 Revised Code of Ordinances 


place under arrest any member guilty of indecorum or dis- 
orderly conduct in the Council; the fine, if imposed, not. to 
exceed Ten Dollars ($10.00). (July 24, 1905, Ord. Bk. 2, p.. 
225; pec. 1.) 


Rule V—Committees: There shall be a “Finance Com- 
mittee,” a “Street and Bridge Committee,” a “Water Com- 
mittee,” a “Fire Committee,” a “Committee on Taxation,” and 
an “Ordinance Committee.” The Chairman of the respective 
committees shall be nominated by the Mayor and confirmed 
by the Council, and shall hold their chairmanships for two 
years, unless removed by the Mayor. Each committee shall 
be composed of the Mayor (who shall be ex-officio Chairman 
of all committees), and the four Aldermen. 


Rule VI—Secretary: The City Secretary shall be the 
Clerk or Secretary of the Council, whose duty it shall be to 
act as reading and recording clerk to the Council, and to certify 
to the correctness of the Minutes and the Journals and to per- 
form such other duties as may be required of him by the 
Council. 


Rule VII—Questions of Order: All questions of order 
shall be decided by the presiding officer, with right of appeal 
from his decision to the City Council, the majority of whom 
may override his decision. 


Rule VIII—Ayes and Noes: Any member may call for the 
ayes and noes, and if called for the Secretary shall record the 
result of the vote in the Minutes. 


Rule [X—Motions: All oral motions must be seconded 
before being put by the Chair, and upon the request of any 
member, shall be reduced to writing by the party making the 
same. Written motions shall require no second. 


Rule X—Suspension of the Rules: The rules, any one or 


all, may be suspended by a majority vote of all the members 
of the Council. 


Rule XI—Attendance: The members of the Council shall 
attend the regular and special meetings, or, failing to do so, 
they may be arrested and compelled to attend by the presiding 
officer or the Council. The Council may impose a fine of not 


exceeding Ten Dollars ($10.00) upon any member failing to 
attend a meeting. (Id.) 


Rule XII—Ordinances and Resolutions; Reading: 
(a) Penal ordinances shall be passed only after reading at 


of the City of Houston 49 


three separate meetings, once in full and twice by caption, 
unless passed as an emergency measure, when one reading in 
full-and two by caption at the same meeting shall be sufficient. 


(b) All ordinances granting franchises or special privi- 
leges shall be read in full at three regular meetings, and shall 
never be passed as emergency measures. 


(c) Ordinances authorizing contracts, appropriations or 
expenditures in excess of One Thousand Dollars ($1,000.00) 
under Sec. 7a, Article 2, relating to ownership of public utili- 
ties, etc., of the City Charter as amended, shall be read at 
three regular meetings, and at least once in full. 


(d) Ordinances authorizing contracts for the purchase of 
electricity, etc., under Sec. 7b, Article 2, of the City Charter 
as amended (for periods for less than five years), shall be 
read at three regular meetings, and at least once in full. 


(e) Ordinances annexing territory by action of the City 
Council, under Section 2b, Article 1, of the City Charter as 
amended, shall be read at three regular meetings, the last of 
which shall be not less than thirty days after the publication 
of said ordinance. Such ordinances shall be read in full at 
least one time. 


(f) Ordinances authorizing contracts, appropriations or 
expenditures in excess of One Thousand Dollars, or any lease 
or sale, under Section 9, Article 2, of the City Charter as 
amended, entitled: “‘Harbor and Water Front,” shall be read 
in full at three regular meetings. 


(g) The passage of all other ordinances and resolutions 
shall be by reading the same at three regular meetings by 
caption or title, unless a reading in full is requested by a 
member of the Council; but when passed as-an emergency 
measure, three readings by caption or title at the same meeting 
shall be sufficient. (Amendment Rule 12, Jan. 26, 1914, Ord. 
Bk. 4, p. 39, Sec. 1.) 


Rule XIII—Confirmations: The voting on confirmations 
or appointments made by the Mayor, or for officers of the City, 
shall be by written ballot, and it shall require a majority vote 
of the Council to confirm or elect; the presiding officer being 
entitled to vote on all matters if he elects to do so. (July 24, 
1905; Ord. Bk. 2; p. 225, Sec. 1.) 


Rule XIV—Motion to Reconsider: Any member who 
voted with the prevailing side on any question may move a 
reconsideration, not later than the next regular meeting after 


on 
>) 


Revised Code of Ordinances 


the vote was taken, and it shall require a two-thirds vote of 
the City Council to reconsider. 


Rule XV—When Disposed Of: When the question has 
once been determined by the Council, the same question shall 
not again be considered until six months thereafter, except by 
reconsideration, as hereinbefore provided. 


Rule XVI—Committee Reports: The committees shall re- 
port on all matters referred to them, unless otherwise provided 
by charter, not later than the second meeting after reference 
to the committee has been made, but the Council may grant 
an extension of time within which to report. 


Rule XVII—Power of Presiding Officer: The Mayor, or 
Mayor pro tem as the case may be, shall preside at all meetings 
of the City Council, and shall be invested with all the power, 
and discharge all of the duties usually incumbent upon a pre- 
siding officer, as well as those prescribed in these rules. 


Rule XVIII—Cushing’s Manual: The rules of procedure, 
_ as stated in Cushing’s Manual, shall govern the proceedings of 
the City Council, unless in conflict with the rules hereby 
adopted or in contravention of. some charter provision. The 
provisions of the City Charter shall prevail over any provision 
of these rules or of Cushing’s Manual. (July 24, 1905, Ord. 
Bk. 2, p. 225, Sec. 1.) 


Sec. 110. Committees of City Council—That for the con- 
venience and dispatch of the public business, the following 
committees are hereby created with MieeL TS rele over the mat- 
ters hereinafter specified : 


(a) There shall be a Finance Gommiittes which committee 
shall have jurisdiction over, and to which shall be referred 
all matters respecting or appertaining to the finances, both 
expenditures and receipts, of the City of Houston, and all mat- 
ters appertaining to the reports and ‘accounts of the City of 
Houston, and the City Hall and Market House, and the manage- 
ment of all parks of the City of Houston. 


(6) There shall be a Street and Bridge Committee, which 
committee shall have jurisdiction over, and to which shall be 
referred all matters respecting the maintenance, preservation, 
cleaning and flushing of the streets, bridges and crossings of 
the City of Houston, and all: matters appertaining to the 
scavenger work of the City of Houston. 


of the City of Houston - 51 


(c) There shall be a Water Committee, which committee 
shall have jurisdiction over and to which shall be referred all 
matters pertaining to water. 


(d) There shall be a Fire Committee, which committee 
shall have jurisdiction over, and to which shall be referred 
all matters respecting the Fire Department of said City, and 
every matter which comprehends the protection of the city 
from fires and conflagrations. 


(e) There shall be an Ordinance Committee, which com- 
mittee shall have jurisdiction over and to which shall be re- 
ferred all ordinances of whatsoever kind or character. (Apr. 
5, 1909, Ord. Bk. 2, p. 506, Sec. I.) 


(f) There shall be a Committee on Taxation, which com- 
mittee shall have jurisdiction over and to which shall be 
referred all matters pertaining or appertaining to taxes, the 
levy, assessment and the collection of same within the City of 
Houston, Texas. (Amendment May 1, 1911, Ord. Bk. 3, p. 
30, Sec. 1.) 


Sec. 111. Committees Composed of Active Chairmen— 
That each committee shall consist of the Mayor and four Alder- 
men, except the Ordinance Committee, which shall consist of 
three Aldermen. The Mayor shall be ex-officio Chairman of . 
all committees, and in addition thereto, there shall be appoint- 
ed by the Mayor and confirmed by the Council an active Chair- 
man of each committee, who shall be known as Chairman of 
the Finance Committee, Chairman of the Street and Bridge 
Committee, Chairman of the Water Committee, Chairman of 
the Fire Committee, Chairman of the Committee on Taxation, 
and Chairman of the Ordinance Committee, respectively. 
(Apr. 5, 1909, Ord. Bk. 2, p. 506, Sec. 2.) 


Sec. 112. Duties of Active Chairmen—That it shall be 
the duty of the active Chairman of each committee to make 
it his especial care to supervise, direct and closely inspect the 
operation and administration of each and every one of the: 
departments which may fall under his supervision and juris- 
diction, and to investigate all petitions, complaints, etc., bear- 
ing upon any matter, the supervision of which it is made his 
duty by the committee assignment of the Mayor. (ld., Sec. 3.) 


Sec. 113. Committee Meetings—That each committee 
shall meet at such times and places as may be directed by the 
Mayor or the active Chairman of the Committee, and in addi- 


52 Revised Code of Ordinances — 


tion thereto, there shall be an executive session for the trans- 
action of the administrative affairs of the City every Monday, 
Wednesday and Friday of each week, at the hour of 10:00 
a. m., in the Mayor’s office. (Id., Sec. 4.) 


of the City of Houston 53 


CHAPTER VIII. 
City Secretary. 


Sec. 114. Duties—That the office of Secretary of the City 
of Houston is hereby created. The duties of such Secretary of 
the City of Houston shall be to keep, record and well preserve 
the Minutes and proceedings of the City Council, and to be the 
custodian of all the papers and records of the City of Houston, 
with power to make certificates of any proceeding of the City 
Council, to affix the seal of the City of Houston thereto, and to 
do generally and perform all things and acts usually or neces- 
sary to be performed by secretaries or clerks of cities in 
connection with the business thereof; and in addition to the 
duties herein mentioned, he shall do and perform such other 
duties, acts and things as may be required of him by the Mayor 
or City Council. . (Sept. 18, 1905, Ord. Bk. 2, p. 238, Sec. 1.) 


Sec. 115. Controller, ex-officio Secretary—The Controll- 
er of the City of Houston shall be ex-officio the Secretary of 
the City of Houston, and shall hold such office, subject to 
removal at any time by the Mayor or City Council, for a period 
not longer than two years, unless he be reappointed, and he 
shall receive no salary in addition to his salary as Controller of 
the City of Houston. (Id., Sec. 2.) 


Sec. 116. Assistants—The Secretary of the City of Hous- 
ton shall have such assistants as may be deemed necessary by 
the Mayor and City Council. Such assistants shall be appoint- 
ed by the Mayor, and shall hold their office, subject to removal 
by the Mayor, for a period. not to exceed two years, unless 
they be reappointed, and they shall have and exercise like 
powers and perform like duties as the Secretary of the City 
of Houston, and shall receive such salary as may be provided 
by the Mayor and City Council. (Id., Sec. 3.) 


Sec. 118. City Secretary to Record All Ordinances—The 
City Secretary is hereby directed and required to record all 
ordinances and to keep a record book for that purpose. The 
transcriptions of such ordinances may be in long hand with 
pen and ink, the ink to be used to be standard writing fluid; 
or by the use of a book typewriter with indelible ribbon; or 
by transcribing the same on loose leaves, numbered consecu- 


tively and kept in a secure binder provided for that purpose 
11 


54 Revised Code of Ordinances 


until such binder shall contain not less than two hundred and 
fifty leaves or five hundred pages of writing when said leaves 
shall be bound securely in permanent book form. (Amend- 
ment Feb. 16, 1914, Ord. Bk. 4, p. 157, Sec. 2.) 


Sec. 119. Shall Endorse on All Official Communications 
the Date and Hour Received by Him—It shall be the duty of 
the City Secretary to indorse on all official communications and 
documents received by him the date and hour of the receipt of 
the same. (Id., Art. 134.) 


Sec. 120. Shall Keep a Record of All Official Bonds—All 
official bonds of all city officials and all other persons required 
to give a bond to the City of Houston shall be recorded at 
length by the City Secretary in a bound record book, with an 
index, to be known as the “Bond Record.” (Id., Art. 185.) 


Sec. 121. Shall Be Certified—Bonds required to be re- 
corded by Sec. 120, after recording the same, shall be com- 
pared with the original and certified to, at the end of each re- 
corded bond, as follows: “I hereby certify that the foregoing 
recorded bond is a complete exemplification of the original 
bond. Witness my hand this... dayeOt ca ae eee vl Osea 


WRK PUAN Re OBA het AL any City Secretary.” (Id., 
Art. 136.) 


of the City of Houston 55 


CHAPTER IX. 
Controller. 


Sec. 122. Bond—He shall give bond, payable to the City 
of Houston, in the sum of Ten Thousand Dollars ($10,000.00), 
conditioned to faithfully perform the duties of his office and 
to sign no draft or warrant for the payment of city funds 
unless such payment be legal and proper. Such bond shall be 
signed by two or more good and sufficient sureties, residents 
of the City of Houston and real estate owners therein, or by a 
bond company authorized by the laws of the State of Texas to 
make bonds, the bond to be approved by the Mayor. Should 
such bond at any time or for any cause become inadequate, the 
Mayor or City Council may require a new bond. (Code 1904, 
rte be) 


Sec. 123. Forms or Books to Be Used by Departments to 
Be Submitted to Approval of the City Controller—Forms for 
books or blanks pertaining to the accounting system of the 
City of Houston must be submitted in duplicate to the City 
Controller before being adopted, printed or used by any de- 
partment officer or person required to render periodical ac- 
counts to the City Controller. 


If the City Controller approves the form submitted, he shall 
file one copy in this office, and return the other to the proper 
official, with his approval endorsed thereon. (lId., Art. 92.) 


Sec. 124. If Form Is Disapproved, the City Controller 
to Prepare Proper Form—Should the City Controller disap- 
prove the form of any blank or book submitted to him, as pro- 
vided in Section 123, he shall thereupon prepare in his office a 
form to take the place of the form submitted and forward the 
same to the proper officer duly approved; provided, should the 
City Controller determine that the blank form submitted will 
be unnecessary to the accounting system of the City of Hous- 
ton, the proper officer shall be duly notified of such decision 
and such form shall not be adopted, printed or used by the de- 
partment, officer or person submitting the same. (Id., Art. 93.) 


Sec. 125. Creditors of City to Deduct Taxes or Other In- 
debtedness From Amount Due Them by City—Any persons, 
firms or corporations who sell goods, wares and merchandise 


56 Revised Code of Ordinances 


of any name, nature or description to the City of Houston, and 
who are indebted to the City of Houston for taxes of any kind, 
or who owe the city any other debt, at the time of collecting 
the amount due them by the City of Houston for the merchan- 
dise so purchased from them shall pay taxes or any other debt 
due by them to the City of Houston out of said amount. (lId., 
ATv94.) 


Sec. 126. City Controller to Ascertain Amount Due to 
City—It is the duty of the Controller of the City of Houston 
to ascertain from the City Assessor and Collector as to whether 
or not the persons, firms or corporations collecting money 
from the City of Houston are indebted to the City of Houston 
for taxes or in any other way. (ld., Art. 95.) 


Sec. 127. Shall Report Indebtedness to Mayor and Fi- 
nance Committee—If it is ascertained that any person, firms 
or corporations are indebted to the City of Houston for taxes 
or in other way, it is the duty of the City Controller to report 
same to the Mayor and Finance Committee and they shall 
withhold the payment of the claim until the persons legally 
entitled to collect the same shall have paid the taxes or any 
other debt due to the City of Houston. (ld.; Art. 96.) 


Sec. 128. Salary—The salary of the City Controller is 
fixed at $250.00 per month, until elected in 1915, when he 
shall receive the salary provided by the charter. (Id., Art. 97.) 


Sec. 129. Account as to Fines, Etc., to Be Opened With 
Chief of Police; Monthly Statement—That the Controller of 
the City of Houston is hereby authorized and directed:to open 
an account with the Chief of Police of the City of Houston in 
which he shall charge the Chief of Police with all fines and 
costs assessed in the Corporation Court and credit him with 
all amounts paid on fines and costs and deposited with the Tax 
Assessor and Collector, together with such allowances on fines 
and costs as are provided for and referred to in Section 753. 


The Controller shall use, as his authority for the entries in 
this account, the daily reports furnished him by the Clerk of 
the Corporation Court and the Chief of Police. He shall 
charge the Chief of Police with the total amount of fines and 
costs assessed as shown on the report of commitments issued, 
provided for in Section 148, and shall credit the Chief of Police 
with the total amount of fines and costs discharged either by 
payment of cash or otherwise as shown on the reports of com- 
mitments returned provided for in Section 149. 


of the City of Houston 57 


—-_——_ — 


It shall be the duty of the Controller of the City of Houston 
to file with the City Council, as early as practicable after the 
close of each month, a statement which shall shaw the balance, 
if any, brought forward at the beginning of the month, the 
total amount debited to this account and the total amount 
credited to this account during the month, together with an 
analysis of any balance shown to be due the City; this analysis 
- to give the case number, the date of commitment, the name — 
of the defendant and the amount of fines and costs due the 
City in each of the cases remaining unpaid and represented in 
the balance due the City as reflected by this account. (Sept. 
22, 19138, Ord. Bk. 3, p. 453, Sec. 1:) 


58 Revised Code of Ordinances 


CHAPTER X. 
Corporate Limits. 


Sec. 130. Corporate Limits Extended for Limited Pur- 
poses—That from and after the passage of this ordinance, the 
corporate limits of the City of Houston be, and are hereby ex- . 
tended, for the purposes hereinafter mentioned, from the 
present eastern limits as estsblished by the City Charter 
granted by the Legislature in the year 1905, eastwardly in a 
general direction with Buffalo Bayou and the Houston Ship 
Channel, so as to include in said City the said navigable stream 
and the land lying on both sides thereof for a distance of 
twenty-five hundred (2500) feet from the thread of said 
stream for a distance of twenty (20) miles in an air line from 
the ordinary eastern city boundary of such city as established 
by the Charter thereof granted by the Legislature of the State 
of Texas in the year 1905. And also that the present western 
city limits of said city be extended, for the purposes herein- 
after mentioned, westwardly, so as to include in said city the 
said navigable stream and the land lying on both sides thereof 
for a distance of twenty-five hundred (2500) feet from the 
thread of said stream to the boundary line separating the 
Robert Vince Survey from the Charles Sage and Alex. Ewing 
Surveys. (Apr. 18, 1913, Ord. Bk. 3, p. 327, Sec. 1.) 


Sec. 131. Powers, Authority, Etc., of City of Houston, 
Over Extension—That within the territory embraced by the 
extension of said boundary of said city, being a strip five 
thousand (5000) feet wide, and lying on both sides of said 
Buffalo Bayou, a distance of. twenty-five hundred (2500) feet 
from the thread of the stream, the said City of Houston 
hereby assumes, and its officers and agents shall have the 
right, power and authority to secure land within said territory 
so added to said city by purchase, condemnation or gift for 
the improvement of the navigation of said stream in conjunc- 
tion with the Government of the United States, and the Navi- 
gation District in which said stream is located, or either of 
them, or in its own right, for the purpose of establishing and 
maintaining wharves, docks, railway terminals, sidetracks, 
warehouses, or any other facilities or aids whatsoever. Pro- 
vided, that after the passage of this ordinance adding such 
territory to said city, said city shall have and exercise within 


of the City of Houston 59 


said limits the fullest and most complete power of regulation 
of navigation and of wharfage, and of wharfage rights and of 
all facilities, conveniences and aids to wharfage or navigation 
consistent with the constitution of the State of Texas, and 
shall further have authority by its criminal ordinances, or 
otherwise, to police the navigation of said waters and the use 
of said wharves, and facilities and aids to wharfage and navi- 
gation; provided, that in all condemnation proceedings under 
this act, the same procedure shall apply that now applies in 
the condemnation of land by said City of Houston for the pur- 
chase of streets; provided, further, that the powers herein 
assumed are not intended to apply, and shall not apply, within 
the territory of any city which is already incorporated under 
the general laws, or under a special charter, or to any land 
now belonging to any other city or town. (ld., Sec. 2.) 


Sec. 132. Beyond Ordinary Boundaries, Property Not 
Subject to Taxation; Inhabitants Not Entitled to Rights of 
Citizenship—That the land and premises included within said 
limits, lying beyond the ordinary boundaries of said city, as 
established by the present charter granted by the Legislature 
in the year 1905, and as amended by the qualified voters, is 
not subject to taxation by the City of Houston, and shall not 
be taxed by said city, nor shall the inhabitants of said terri- 
tory, so included, be entitled to the benefits of taxation by said 
city, nor to the rights and immunities of citizens thereof be- 
cause of the extension of said limits in accordance with this 
ordinance. (lId., Sec. 3.) 


60 Revised Code of Ordinances 


CHAPTER XI. 
Corporation Court. 


Sec. 133. Corporation Court Jurisdiction—The Corpora- 
tion Court shall have jurisdiction within the limits of the City 
of Houston, with power to hear and determine all cases of 
violation of the ordinances of the city. (Code 1904, Art. 189.) 


Sec. 134. Corporation Court Open for Business—The 
Corporation Court shall hold no terms and shall be at all times 
open for the transaction of business. (lId., Art. 190.) 


Sec. 135. Rule of Practice—The act of the Legislature of 
the State of Texas of March 15, 1899, entitled, ““An act to es- 
tablish and create in each of the cities, towns and villages of 
this State, a State court, to be known as the Corporation 
Court, in such city, town or village, and to prescribe the juris- 
diction and organization thereof, and to abolish Municipal 
Courts,” shall govern the procedure and practice of the Cor- 
poration Court in the City of Houston, and the City Council 
may prescribe such additional rules of practice and procedure 
as may not be inconsistent with the law creating the Corpora- 
tion Court, or in conflict with the general laws of the State. 
(Id., Art. 191.) 


Sec. 136. May Be Held by the Mayor or President of the 
Council—In the absence, sickness or inability of the Judge of 
the Corporation Court to hold his court, the court may be held 
by the Mayor or President of the Council, who shall have the 
same jurisdiction, powers and authority as the Judge thereof. 
(Id., Art. 191;) 


Sec. 137. Form of Accusation—All prosecutions in the 
_ Corporation Court shall be conducted in the name of the State 
of Texas, and shall conclude “Against the peace and dignity 
of the State” ; and when the offense is covered by an ordinance, 
the complaint may also conclude, “As contrary to the said 
ordinance.” (Id., Art. 193.) | 


Sec. 138. Pleas Only Accepted in Open Court—All cases 
coming before said Corporation Court shall be tried and dis- 
posed of in open court, and no pleas of guilty shall be accepted 
except by the judge of the Corporation Court, and all pleas ° 


of the City of Houston 61 


a = ie 


must be made to said judge of the Corporation Court by of- 
fenders or their legal representatives. (Id., Art. 197.) 


Sec. 139. Place of Office and Office Hours of Judge and 
Clerk—The judge and clerk of said Corporation Court shall 
keep their office at the police station of said city, and said 
Corporation Court shall be open for the transaction of such 
business as shall come before it at 9 a. m., and remain open 
until its morning business is disposed of, and open again at 
4 p. m., and dispose of whatever business may be on hand, 
but shall hold no terms and shall be at all times open for the 
transaction of business. (Id., Art. 198.) 


Sec. 140. Clerk of Court; Also Police Clerk; Duties; Ap- 
pointment; Salary—The office of Clerk of the Corporation 
Court of the City of Houston is hereby created. The duties of 
the Clerk of such Corporation Court shall be, and he shall 
have power, to administer oaths and affidavits, make certifi- 
cates, affix the seal of the said Court thereto, and to do gen- 
erally and perform all things and acts usually or necessary to 
be performed by clerks of courts in connection with the busi- 
ness thereof, and he shall also act as Police Clerk, and do and 
perform the duties ordinarily required of, and performed 
by, such Police Clerk; shall keep the pay rolls of the Police 
Department, and make and have charge and control of all 
collections made by the Police Department arising from fines, 
costs, and all other sources, and shall safely keep all moneys 
so collected, and daily deposit the same with the City Assessor 
and Collector of Taxes, together with a daily report of such 
collections; and, in addition to the duties herein enumerated, 
he shall do and perform such additional duties as may be re- 
quired of him by the Mayor and City Council. 

The Clerk of the Corporation Court shall be appointed by 
the Mayor, and shall hold his office, subject to removal at 
any time by the Mayor or City Council, for a period not long- 
er than two years, unless he shall be reappointed, and he 
shall receive as salary the sum of One Hundred and Fifty 
Dollars ($150.00) per month, unless otherwise provided by 
the City Council. (Dec. 18, 1905; Ord. Bk. 2, p. 247, Sec. 1.) 


Sec. 141. Clerk Shall Take Oath and Give Bond—The 
Clerk of the Corporation Court shall be required to take an 
oath to faithfully perform the duties of his office, and shall 
enter into a bond in the sum of One Thousand Dollars 
($1,000.00), with good and sufficient sureties, to be accept- 
able to, and approved by, the Mayor of said City, conditioned 


62 Revised Code of Ordinances 


that he will faithfully perform all the duties of his office. 
(Id., Sec. 2.) 


Sec. 142. Deputy Clerks; Appointment; Oath; Bond; 
Duties—There shall be such Deputy Clerks of said Corpora- 
tion Court as may be appointed by the Mayor from time to 
time, whose duties shall be the same, and who shall exercise 
like powers as those provided for the Clerk of said Corpora- 
tion Court, and who shall take such oath of office and give 
such bond as may be required from such Clerk of the Corpora- 
tion Court. Such Deputy Clerks of the Corporation Court 
shall receive such salary as may be prescribed by the City 
Council, and shall hold their offices, subject to removal: at 
any time by the Mayor or City Council, for a period not longer 
than two years, unless they be reappointed. (Id., Sec. 3.) 


Sec. 143. Seal of Court—The Mayor of the City of Hous- 
ton is hereby authorized and directed to procure a seal for said 
Corporation Court, and to have the same engraved with a 
star of five points in the center thereof, and have engraved 
on said seal the words “Corporation Court in Houston, Texas.” 
(Code 1904, Art. 201.) 


Sec. 144. Costs to Be Taxed—There shall be taxed against 
each defendant convicted in said court the same amount of 
costs as the General Law of the State of Texas provides now 
shall be taxed against persons convicted of misdemeanor in 
the courts of Justice of the Peace. (Id., Art. 202.) 


Sec. 145. Jurors—Jurors in the Corporation Court who 
serve in the trial of cases before said court shall receive fifty 
cents in each case they may sit as jurors, and the amount 
due jurors shall be paid by the City Treasurer upon the cer- 
tificate of the clerk of the court, which certificate shall state 
the service, when rendered, by whom rendered, and the amount 
due therefor. (Id., Art. 203.) 


Sec. 146. Costs and Fines to Be Paid Chief of Police— 
All fines and costs shall be paid to the Chief of Police or some 
officer designated by him to receive the same, and the Chief 
of Police shall have the custody of all defendants against whom 
fines and costs have been assessed until such fines and costs are 
liquidated. (Amendment Sept. 22, 1913; Ord. Bk. 3, p. 452, 
Sec. 1.) 


Sec. 147. Additional Duties of Clerk—The clerk of said 
court shall receive, prepare and file all complaints, and docket 


of the City of Houston 63 


each case, and perform such duties as are presented for him to 
do by the laws governing said Corporation Court. (Id., Art. 
205.) 


Sec. 148. Clerk of Corporation Court Shall Make Daily 
Reports—The Clerk of the Corporation Court shall make a 
report in duplicate daily, except on legal holidays, to the City 
Comptroller, showing all commitments issued to the Chief of 
Police. This report shall show the case number, the name of 
the defendant, and the amount of fines and costs assessed in 
each case where commitment has been issued. This report 
shall be approved by the Judge of the Corporation Court, if 
it be correct, and shall be signed by the Chief of Police, ac- 
knowledging the receipt of commitments in each case reported, 
if he shall have received the commitments. The Controller 
shall retain one copy of this report as his authority for charg- 
ing the Chief of Police with the commitments issued, as: pro- 
vided by ordinance, and shall file the duplicate copy with the 
Mayor or such other officer as the Mayor may designate. 


The Clerk of the Corporation Court shall also make a daily 
report in duplicate of all cases brought before the Corporation 
Court, tried and dismissed, showing the number of each case, 
the name of the defendant, the nature of the offense and the ° 
reason for such dismissal or acquittal. One copy of this re- 
port shall be filed with the Mayor or such officer as he may 
designate, and one copy shall be filed with the City Attorney. 
(Amendment Sept. 22, 1913; Ord. Bk. 3, p. 452, Sec. 2.) 


Sec. 149. Chief of Police Shall Make Daily Report—The 
Chief of Police shall make a report in duplicate daily, except 
on legal holidays, of all commitments returned by him to the 
Corporation Court. This report shall show the case number, 
the name of the defendant and the amount of fine and costs in 
each case, where commitments have been returned, and shall 
also show opposite the fines and costs in each case, the man- 
ner in which said fines and costs were liquidated. 


This report shall be submitted to the Judge of the Corpora- 
tion Court and if he shall find that he has ordered the release 
of the defendant in all of the cases reported, as provided for 
in subdivision (j) of Section 151, he shall approve the report. 


When approved by the Judge of the Corporation Court, this 
report shall be forwarded to the Controller, one copy to be 
retained by him as his authority for crediting the Chief of 
Police with the amount of fines and costs reported, as provided 


64 Revised Code of Ordinances 


by ordinance, and one copy to be filed with the Mayor or such 
other officer as the Mayor may designate. © (Id., Sec. 3.) 


Rules of Procedure for the Corporation Court. 


Sec. 150. Judge to Keep Minutes—The Judge of the Cor- 
poration Court shall keep a docket, to be known as the “Min- 
utes of the Corporation Court,” and in said minute book shall 
be noted by the Judge of said Court all continuances, trials 
by the court or by jury, judgments and whether for dismissal 
or for a fine and costs, with the amount of the fine; new trials | 
and notices of appeal. (Code 1904, Art. 209.) 


Sec. 151. (a). Proceedings, How Commenced—All pro- 
ceedings shall be commenced by filing a complaint, duly sworn 
to, before any person authorized by law to administer oaths, 
and filed with the clerk of the Corporation Court. Chas 
Athena Lue) | 

(b) Complaint Shall State Name—The complaint shall 
state the name of the person charged with an offense, or if the 
name cannot be obtained, then a description of the person, 
as near as may be, the nature of the offense, and the time and 
place where the offense was committed. (Id., Art. 210.) 


(c) Warrant Shall Be Issued—If the defendant be not 
in the custody of an officer or other person authorized to make 
an arrest, a warrant shall be issued by the clerk, directed to 
the Chief of Police, or any policeman of the City of Houston, 
commanding said Chief of Police or policeman to forthwith 
arrest the person named or described in said warrant, and to 
bring the person named or described therein forthwith before 
the Judge of the Corporation Court for a hearing upon said 
complaint. (Id., Art. 210.) 


(d) Complaint to Be Read to Defendant—The complaint 
shall be read to the defendant, who shall plead thereto, and 
the plea entered upon his docket by the Judge of the Corpora- 
tion Court. (Id., Art. 210.) 


(e) Plea of Guilty—If the person charged with an offense 
plead guilty before the Corporation Court, the Judge of the 
Corporation Court shall thereupon enter the plea on the 
Judge’s docket and assess such fine and costs as may be au- 
thorized by law, or by the ordinances of the City of Houston. 
(lds Artiez LO.) 


(f) Plea of Not Guilty—If a plea of not guilty be entered 
to the complaint, a trial shall be had, either by the court or by 
a jury, as the defendant may elect. (Id., Art. 210.) 


of the City of Houston 65 


(g) Continuances—Continuances shall be granted by the 
court, upon the same terms and in accordance with the pro- 
cedure now provided by law for continuances in Justice of 
the Peace Courts in misdemeanors. (ld., Art. 210.) 

(h) Judgment—Judgment shall be rendered in the Cor- 
poration Court, for dismissal or for a fine and costs, as the 
facts may appear. (Id., Art. 210.) 

(i) Appeal—Unless the judgment be appealed from, and 
an appeal bond approved and filed, it shall be the duty of the 
clerk of the court and he is hereby required to forthwith issue 
a commitment, directed to the Chief of Police or any police- 
man of the City of Houston, to commit the defendant to the 
city jail until the full amount of the fine and costs be paid, 
or until the defendant be discharged according to law. (1Id., 
Art. 210.) 


(j) Prisoners to Be Released—Upon the liquidation of 
the fine and costs against any defendant under commitment, 
either by payment of the cash as provided in Section 146, or 
otherwise as provided in Section 753, or upon the certificate of 
the Health Officer directing immediate release of such person 
as is provided for in Section 753, it shall be the duty of the 
Chief of Police to discharge such person and make return of 
the commitment under which such person was held by him to 
the Corporation Court, showing such facts for the approval 
of the Judge of said Court, and if the Judge of said Court shall 
find the facts stated in said return to be true he shall approve 
the same and shall make a note of such approval on the docket 
of the court under the notation of the conviction of such per- 
son, and the Chief of Police shall make a proper record of 
such discharge on the record of commitments and prisoners, 
as provided for in Section 756. 


In the event any prisoner dies or escapes before his dis- 
charge, the Chief of Police shall make his return to the Cor- 
poration Court, showing that such person has died or escaped, 
and, if he has escaped, such return shall show that the escape 
was not caused by any negligence or connivance of such Chief 
of Police, or any member of the Police Department, where- 
upon the Judge of said Court, if he accept and approve such 
return, shall enter such facts on his docket, and the Chief of 
Police shall make record of the disposition of the prisoners 
on the record of commitments provided for in Section 756. 

When any person has labored for a sufficient number of 
days, or is entitled to be released under any provision of the 
ordinances, except as hereinabove provided for, it shall be the 


66 Revised Code of Ordinances 


duty of the Chief of Police to bring such person before the Cor- 
poration Court with the return of the commitment showing 
such facts authorizing the release of such person, and if the 
Judge of the Corporation Court shall find the facts to be true 
as stated in such return and such facts authorize the discharge 
or release of. such person, then he shall approve such return 
and order the release or discharge of such person from cus- 
tody, making a record of such order, the date thereof and the 
reason therefor upon the docket, and on the authority of such 
order it shall be the duty of the Chief of Police to release or 
discharge such person forthwith, and make a proper record 
of such discharge on the record of commitments and prisoners 
provided for in Section 756. (Amendment Sept. 22, 1913; 
Ord. Bk. aps 402 seco) 


(1) No Reduction in Fine and Costs After Report—Here- 
after there shall be no reduction of the fine and costs, or any 
part of the fine and costs, by the Judge of the Corporation 
Court after the daily report of docketed complaints has been 
made and transmitted by the clerk of the court to the City 
Auditor or City Controller, and all such fines and costs shall 
be paid in full to the clerk of the Corporation Court, except 
as hereinafter provided, as follows: 


1. (a) New Trial—The Corporation Court may for good 
cause, shown on motion in writing and filed with the clerk 
of the court, and service of said notice upon the City Attor- 
ney, by copy or by acceptance, endorsed on said notice, grant 
the defendant a new trial, whenever he shall consider that 
justice has not been done the defendant in the trial of such 
case. 


(b) Application—An application for a new trial must be 
made within one day after the rendition of judgment, and not 
afterward, and the execution of the judgment shall not be 
stayed until after the motion for a new trial has been heard 
and granted. 

2. Appeal—The execution of the judgment shall not be 
stayed until after the appeal bond has been approved and filed. 


(m) Judge May Recommend Remittance of Fines, Etc.; 
Procedure on Recommendation—In all cases mentioned in 
Section 151, Subdivision (i) of this chapter, the Judge of the 
Corporation Court may, in all cases where he has reason to 
believe that an unjust or excessive fine has been imposed, 
recommend to the Mayor in writing, upon a blank to be pre- 
pared for that purpose, that the fine or the fine and costs im- 
posed, or any part thereof, be remitted, and the Mayor may, 


of the City of Houston 67 


in his discretion, approve such recommendation, modify or 
disapprove of the same in whole or in part, and the action of 
the Mayor shall be transmitted to the clerk of the Corporation 
Court, to be entered upon the Corporation Court docket by 
the clerk, and thereupon said clerk shall issue an order to the 
Chief of Police, in accordance therewith, and said recommen- 
dation of the Judge of the Corporation Court, with the ap- 
proval of the Mayor endorsed thereon, shall be attached to 
and made a part of the order issued to the Chief of Police 
by said clerk. (Code 1904, Art. 210.) 


Sec. 152. Clerk to Keep Docket—The clerk of the Corpo- 
ration Court shall keep a docket, to be known as the ‘“‘Corpo- 
ration Court Docket,” in which shall be entered: 1. The num- 
ber of the case. 2. Date of filing. 3. The name of the com- 
plainant. 4. Name of the defendant. 5. Nature of the of- 
fense. 6. Plea of defendant. 7. Continuances. 8. Judgment 
of the court. 9. Amount of fine. 10. Amount of costs. 11. 
Total fine and costs. 12. Amount paid by defendant. 13. 
Amount for which defendant was committed. 14. Amount re- 
mitted. 15. Date released. 16. Appeal; (a) Date of filing 
appeal bond; (b) Final disposition. 17. Remarks. (Id., Art. 
Pls) 


Sec. 153. City Attorney Not to Nolle Prosequi—The City 
Attorney shall not nolle prosequi a case unless he shall file a 
written statement with the clerk of the Corporation Court, 
setting out his reasons for such dismissal, which reasons shall 
be incorporated in the judgment of dismissal, and no case shall 
be dismissed without the permission of the Judge of the Cor- 
poration Court, who shall be satisfied that the reasons so 
stated are good and sufficient to authorize such dismissal. . 
Cid Arita Le.) 


Sec. 154. The failure upon the part of the Judge of the 
Corporation Court, or of the clerk of the Corporation Court, 
to comply with the provisions of this chapter shall be cause 
for removal and impeachment of said officers, or either of 
them. (ld.,.Art. 213.) 


Sec. 155. No One in Employ of City to Represent Violator 
of City Ordinances—lIt shall be unlawful for any person who 
receives a salary from the City of Houston to be in any way, 
directly or indirectly, interested in the defense of any person 
charged with the violation of any ordinance of the City of 
Houston, or of any of the criminal laws of the State of Texas, 


68 Revised Code of Ordinances 


——_- — 


except so far as it may be necessary to give evidence in behalf 
of persons so charged with violating any of said ordinances, 
or one of said criminal laws. (ld., Art. 214.) 


Sec. 156. That the provisions in regard to judgments, 
executions and the collection of fines, as prescribed by the 
Code of Criminal Procedure, shall apply to the judgments, 
executions and collection of fines in the Corporation Court, 
the Judge having in regard to such matters all the powers of 
Justice of the Peace. (Id., Art. 215.) 


Sec. 157. That the different provisions, rights, powers 
and modes of procedure recited in the law passed by the 
Twenty-sixth Legislature of the State of Texas, entitled “An 
Act to establish and create in each of the cities, towns and 
villages of this State a State court, to be known as the Corpo- 
ration Court in said city, town or village, and to prescribe the 
jurisdiction and organization thereof, and to abolish Municipal 
Courts,” are hereby adopted, so far as applicable, and are to 
be enforced and applied in the administration of the Corpora-. 
tion Court of the City of Houston. (lId., Art. 216.) 


Sec. 158. Corporations, Jurisdiction Over; How Acquired 
Over—That in every case where a corporation violates a penal 
ordinance of the City of Houston it shall be sufficient for the 
Corporation Court to acquire jurisdiction over the said corpo- 
ration for the purpose of trying the suit, for a citation to issue 
from the Corporation Court and be served upon said corpora- 
tion by some member of the Police Force, the manner of service 
to be that provided for service of citation in civil suits upon 
corporations by the laws and statutes of Texas. The said © 
citation shall state briefly the offense with which the corpo- 
ration is charged and the time and place of the hearing there- 
on, and shall require'the corporation at such time and place 
to answer the said complaint. And it shall not be necessary 
to acquire jurisdiction over a corporation violating an ordi- 
nance of the City to make any arrest in connection with the 
prosecution. (June 23, 1910; Ord. Bk. 2, p. 569, Sec. 1.) 


Sec. 159. Fines, How Assessed Against Corporations— 
In every case in which a corporation may be guilty of violating 
a penal ordinance of the City of Houston, and a fine is assessed 
therefor in the Corporation Court, such fine shall be assessed 
against the corporation, and may be assessed also against the 
manager or other person in charge of the business of said cor- 
poration, and against the particular agents or persons en- 


of the City of Houston 69 


gaged in the violation of the ordinance, and such manager or 
other person and agents may be joined as defendants in the 
complaint and prosecution against the corporation or not, as 
the person filing said complaint may consider advisable in the 
particular case. (Id., Sec. 2.) 


70 Revised Code of Ordinances 


CHAPTER XII. 
Definitions. 


Sec. 160. Time—The words used in this compilation and 
revision in the past or present tense include a future as well 
as the past and present. 

Gender—Words used in the masculine gender include the 
feminine and neuter. 

Number—The singular includes the plural, and the plural 
includes the singular number. 

Person—The word “person” includes a corporation, a firm 
or a partnership as well as a natural person. 

Writing—‘“‘Writing,” or ‘Written,’ includes printing on 
paper. 

Signature or Subscription includes mark where the person — 
can not write. 

Property—The word “property” includes real and personal 
property. 

Real Property includes land, tenements and hereditaments. 
Personal Property includes every species of property ex- 
cept real property as above defined. 7 

Year and Month—The word “year” means a calendar year, 
and the word “‘month” means a calendar month. 

Bond—When a bond is required, an undertaking: in writ- 
ing is sufficient. 

Money—The word “money” includes gold and silver coin 
and bank notes or bills. 

The City—The words “the city” mean the body corporate 
created by the act of incorporation. 

The Council—The words “the Council’ mean the Mayor 
and Aldermen acting as the City Council of Houston. 

The Corporation—The words “the Corporation” mean the 
city as above defined. 

The Mayor—The words “the Mayor” include and apply 
to any Alderman acting as Mayor. (Code 1904, Art. 55.) 


of the City of Houston 71 


CHAPTER XIII. 


Elections. 


Article 1.—General, Etc. 
2.—Primary. 


ARTICLE 1. 
GENERAL, ETC. 


Sec. 161. Qualifications of Electors—All qualified electors 
of the State, who shall have resided for six months next pre- 
ceding any election for city officials within the limits of said 
City, shall have the right to vote for Mayor and all other elec- 
tive officers of said city; provided, in all elections to deter- 
mine the expenditure of money or assumption of debt, only 
those shall be qualified to vote who own real estate within 
the limits of said city. (Code 1904, Art.:824.) 


Sec. 162. Adoption Precincts Laid Out, Etc., by Commis- 
sioners Court—That in all city elections held in the City of 
Houston, except where different election precincts or districts 
may be prescribed by an ordinance or resolution calling for 
the particular election, said election shall be held in and for 
the districts or precincts in said City of Houston as are now 
or hereafter may be laid out, prescribed, established and de- 
fined by the Commissioners Court of Harris County, Texas. 
(Amendment Feb. 23, 1914; Ord. Bk. 4, p. 173, Sec. 1.) 


Sec. 163. Duties of Mayor, Etc.; Judges, Etc.; Polls; 
Notice—For conducting city elections, whether general or 
special (except primary elections), the Mayor shall appoint a 
Presiding Judge and an Assistant Judge and two Clerks to 
preside and conduct the election at each voting place. The 
Mayor shall also designate the place for holding the polls. 
And the election shall be conducted in every respect in accord- 
- ance with this article and the State Election Laws. 

Said elections shall be called and notice of said elections 
shall be given by the Mayor, which notice shall state the time 
of holding the election; the various offices for which candi- 
dates are to be voted for, the proposition submitted to the 
people where one is submitted, the names of the place or 
places in each precinct where the polls shall be held, the name 
of the presiding officers and judges of the election. Said 


ie Revised Code of Ordinances 


notice shall also state the hours for opening and closing the 
polls. And the Mayor shall cause said notice to be posted up 
at the places designated for holding said election for thirty 
(30) days prior to the date of said election. And if he chooses 
to do so, the Mayor may also issue and have published in some 
daily newspaper published in the City of Houston a procla- 
mation containing the information required to be given in 
such notice, which proclamation may be published at least 
once, more than twenty (20) days before the date of said 
election. (Mar. 4, 1907; Ord. Bk. 2, p. 350, Sec. 2.) 


Sec. 164. Returns of Election; Examination, Etc.; Cer- 
tificates of—In the regular election to be held on the second 
Monday in April, 1907, and every two years thereafter, for 
the election of a Mayor and four Aldermen at large, in the 
City of Houston, and in all other elections, the returns of said 
election, properly signed and certified as correct by the judges 
and clerks thereof, shall be made up immediately after the 
said vote is cast, and shall show the vote cast for each candi- 
date, or shall show the vote cast for each proposition, where 
propositions are submitted to the voters in the particular 
election, and shall be sealed and immediately delivered after 
such election, to the Mayor and City Council, whose duty it 
shall be, at the first regular meeting after the election is held, 
to examine and count the returns of said election and to can- 
vass the same and declare the result thereof; and when the 
election is held for the election of City officials, to issue proper 
certificates to the successful candidates, signed by the Mayor, 
provided, that if no regular meeting shall be held within one 
week after said election is held, it is hereby made the duty of 
the Mayor to call a special meeting of the City Council for the 
purpose of counting the vote and determining the result of the 
election within one week after the same is held, and in elec- 
tions held for the purpose of electing City officials, the officers 
declared to be elected at such election shall be entitled to qual- 
ify immediately after the declaration of the result of the elec- 
tion upon taking the oath of office prescribed by law; in all 
elections other than elections held for the election of City offi- 
cials it shall also be lawful for the vote to be canvassed and the 
result declared by the Council at any special meeting of the 
Council calléd at a time after the receipt by the Mayor of 
the returns of the election and prior to the date above specified. 

In case the Mayor, for any cause, shall fail or refuse to act, 
then the City Council, or a majority thereof, shall perform 
the duty herein assigned to the Mayor. (Id., Sec. 3.) 


of the City of Houston 13 


Sec. 165. Who Shall Vote—None but qualified voters of 
the City of Houston shall be permitted to vote in any City elec- 
tion, and such voters shall have paid their State and County 
poll taxes, or have exemption certificates as required by the 
General Election Law, and shall have such other qualifications 
as may be prescribed by law for persons voting in the partic- 
ular election. (Id., Sec. 4.) 


Sec. 166. Polls Opened and Closed—The polls at said 
election shall be opened at eight o’clock a. m. and closed at 
seven o’clock p.m. And generally the manner of holding said 
City elections shall be governed by this ordinance and by the 
Charter of the City of Houston, and the laws of the State, 
where applicable. (Id., Sec. 5.) 


Sec. 167. City to Furnish Ballots—That the official ballot 
cast in City elections shall be prepared, printed and distrib- 
uted by and under the supervision of the Mayor or City Coun- 
cil, and at the expense of the City of Houston. (Id., Sec. 6.) 


Sec. 168. Candidates to Be Placed on Ballot—That in 
regular elections held for the election of a Mayor and four 
Aldermen at large, there shall be placed on the official ballot 
the names of such persons as may have been nominated as 
candidates of any particular party or political organization, 
in accordance with the laws of the State, the Charter of the 
City of Houston, and the ordinances made in pursuance there- 
of, at a general primary, and the names of such other persons 
as may be entitled to be placed on said official ballot under 
the terms of the General Election Law and the Charter and 
ordinances of the City of Houston. (ld., Sec. 7.) 


Sec. 169. Date of Holding Regular—There shall be held 
on the second Monday in April, 1907, and every two years 
thereafter, a regular election for the election of a Mayor and 
four Aldermen at large; and said election shall be called by 
the Mayor and notice thereof given as herein prescribed. (ld., 
Sec. 8.) 


ARTICLE 2. 


PRIMARY. 


Sec. 170. Date for Holding Primary Elections—That 
where any political party or political organization whatsoever, 
entitled under the law to hold a Primary Election for the selec- 
tion of candidates for the offices of Mayor of the City of 
Houston, or Aldermen of the City of Houston, or Controller, 
shall determine to hold such Primary Election, the same shall 


74 Revised Code of Ordinances 


be held not later than a date at least thirty (80) days before 
the date of the regular election for a Mayor, four Aldermen 
and Controller; that is, not later than a date at least thirty 
days before the second Monday in April of the year in which 
the election is held. (Jan. 28, 1907; Ord. Bk. 2, p. 362, Sec. 1.) 


Sec. 171. Written Application Necessary to Be Placed on 
Ballot; Requisites of Application; How Voted For—The name 
of no candidate for the office of Mayor or Aldermen or Con- 
troller of the City of Houston shall be received or placed on 
the official ballot at such Primary Elections, unless the said 
candidate possesses all the qualifications prescribed by the 
Charter of the City of Houston as necessary for an incumbent 
of said office, nor shall the name of any candidate for Mayor, 
or Aldermen or Controller, or member of the executive com- 
mittee, be received or placed on the official ballot unless the 
said candidate presents a written application containing each 
and every Charter requirement, and agreeing to abide by the 
result of such Primary Election, signed by the applicant or by 
his authority, to the executive committee of such political party 
or political organization, to be placed on the official ballot as a 
candidate for such office or position, and if a candidate for 
Alderman, describing the position for which he is a candidate, 
at least ten (10) days before the date of said Primary Election 
and the said candidates who are voted for at said Primary 
Election shall be voted for at large by all of the legally qual- 
ified voters of said party or organization in said city, without 
restricting the nomination of candidates for either position to 
any smaller designated territory within the limits of said 
city; nor shall the name of any candidate presented to be 
placed on the official ballot of said Primary Election be ac- 
companied by any territorial or other. designation which shall 
have the effect, either directly or indirectly, to present said 
candidate before the people as the candidate of any particular 
section or part of the city, or other than as a candidate at 
large from the city as a whole. (Amendment March 3, 1914; 
Ord. Bk. 4, p. 220, Sec. 1.) 


Sec. 172. Precincts Laid Out, Etc., by Commissioners 
Court Adopted—Said Primary Election shall be held in and 
for the districts or precincts as are now or as hereafter may 
be laid out, prescribed, established and defined by the Commis- 
sioners’ Court of Harris County, Texas. (Id.) 


Sec. 173. Nomination of Candidates, How Determined— 
That at said Primary Election the nomination of candidates 
shall be determined as follows: 


of the City of Houston 7G" 


(a) Candidates receiving a majority of first choice -votes 
for any office shall be nominated. If the full number of candi- 
dates to be nominated do not receive such a majority of the 
first choice votes for such office, a canvass shall then be made 
of the second choice votes received by those candidates for the 
said office who are not nominated by first choice votes; said 
second choice votes shall be added to the first choice votes re- 
eeived by such candidates, and candidates who with such addi- 
tion shall receive a majority shall be nominated. 


(b) If by the count of either first choice votes, or first and 
second choice votes, as above provided, more candidates than 
there are places to be filled shall receive a majority, the can- 
didate or candidates equal in number to the number of places 
to be filled having the highest vote shall be nominated. 


(c) If the full number of candidates to be nominated do 
not receive a majority by adding first and second choice votes, 
as above described, a canvass shall then be made of the third 
choice votes. received by those candidates for said office who 
are not nominated either by first choice votes, or by adding 
first and second choice votes; said third choice vote shall then 
be added to the first and second choice votes received by such 
candidates and the candidates equal in number to the number 
of places remaining to be filled who receive the highest num- 
ber of votes by said addition shall be nominated. 


(d) A tie between two or more candidates shall be decided 
in favor of the-one having the highest number of first choice 
votes.: If they are also equal in that respect, then the highest 
number of second choice votes shall determine the result. If 
this does not decide, then the tie shall be determined by lot. 


(e) The word “majority,” when used in this chapter, shall 
mean more than one-half of the total number of ballots cast 
at such election. (Id.) 


Sec. 174. Qualifications of Voters—None but qualified 
voters of said City of Houston shall be allowed to vote at said 
election, and any person voting at said election shall also pos- 
sess such additional qualifications as may be prescribed by the 
political party or organization holding said Primary Election. 
And any person undertaking to vote in said Primary Election 
shall present to the officers thereof his poll tax receipt show- 
ing payment according to law of any and all taxes due by him 
or shall present his exemption certificate in the same manner 
as provided by law in holding regular elections; and no per- 
son failing to comply with the laws prescribed for holding 


76 Revised Code of Ordinances 


regular elections in this particular shall be permitted to vote. 
(Id.) : 


Sec. 175. Mayor to Give Notice of Holding Such Elec- 
tion; Contents of Notice; Executive Committee to Furnish 
Names Judges, Etc.—If the executive committee of any pol- 
itical party or other political organization authorized by the 
law to hold a primary election shall determine to hold a pri- 
mary election, then said executive committee shall notify the 
Mayor of the City of Houston in writing of said determin- 
ation to hold a political primary, more than thirty (80) 
days prior to the date of said primary; and the Mayor of 
the City of Houston after receiving said written notice shall, 
in the name of said executive committee, countersigned by 
the Mayor, give notice of said election, which notice shall 
state the time of holding the election, and the various offices 
and positions for which candidates are to be voted on, the 
names of the place or places in each precinct where the polls 
shall be held, said places to be determined by the Mayor and 

City Council; the names of the presiding officers and judges 
of the election, which are to be furnished by the said execu- 
tive committee, but in default of being furnished by said 
executive committee, such presiding officers or judges of 
the election shall be designated by the Mayor and City Coun- 
cil, four members of the political party or political organi- 
zation holding the election. Said notice shall also state the 
hours for opening and closing the polls; and the Mayor is 
directed to cause said notice to be posted up at the places 
designated for holding said election for thirty (80) days prior 
to the date of said election; and if he chooses to do so, the 
Mayor may also issue and have published in some daily news- 
paper published in the City of Houston, a proclamation con- 
taining the information required to be placed in said notice, 
which proclamation may be published in some daily newspaper 
published in the City of Houston, at least once, more than 
twenty (20) days before the date of said primary election. 
All the expense of posting said notices and of providing the 
places for holding the said primary election shall be paid by 
the City of Houston, as well as the expense of publishing said 
notice of election, if the Mayor shall determine to publish the 
same. (Jan. 28, 1907; Ord. Bk. 2, p. 362, Sec. 6.) 


Sec. 176. Executive Committee to Furnish Mayor Names 
Judges, Etc.—At the time when said executive committee de- 
termines to hold said primary election, and when they notify 
the Mayor and City Council of their intention so to do, they 


- of the City of Houston Ue 


shall at the same time furnish to the Mayor for each election 
precinct, as designated by this article, the names of a Presid- 
ing Judge therein, of an Assistant Judge at said precinct, and 
of two (2) Clerks at said precinct. (Id., Sec. 8.) 


Sec. 177. Polls Opened and Closed, When—The polls at 
said primary election shall be opened at eight (8) o’clock a. 
m. and closed at seven (7) o’clock p. m., and generally the 
manner of holding said primary election shall be governed by 
this article and by the Charter of the City of Houston, and the 
laws of the State, where applicable. (Id., Sec. 9.) 


Sec. 178. Executive Committee to Furnish, Etc., Names, 
Etc.; Form of Ballots, to Be Furnished by the City; 
Manner of Voting, Etc.—(a) At least nine (9) days before 
the date of holding said primary election, the executive com- 
mittee of the particular party or political organization holding 
the primary election shall furnish to the Mayor or City Council 
of the City of Houston a list of the names of all qualified can- 
didates who have presented to said executive committee their 
written application, to be voted on as candidates of the pol- 
itical party or political organization for the offices of Mayor, 
for the offices of Aldermen at large, the latter each designating 
the position for which he is a candidate, and Controller, and 
as members of the executive committee of said political party 
or organization; and the Mayor or City Council shall there- 
upon have printed at the expense of the City of Houston, and 
furnish to the officers of the election, the official ballot of per- 
sons to be voted upon at the primary election of said political 
party or organization, together with all necessary stationery. 


(bo) In gaid official ballot there shall not be attached to 
the name of any candidate any designation which may have 
the effect, either directly or indirectly, to cause him to be re- 
garded as a nominee or candidate of a particular section of 
the city or other than a candidate at large; nor shall the name 
of any person presented in violation of the terms of Section 171 
be printed on said official ballot. 

(c) The ballots shall contain a complete list of the offices 
to be filled and the names of the candidates of such political 
party therefor. When the number of candidates is more than 
three times the number of offices to be filled the form of the 
ballot shall be substantially as follows: It shall be designated 
“Official Ballot.’”’, Underneath this shall appear the following: 
—_—______—_——__-(name of political party) primary for the 
nomination of elective officers. | 


78 Revised Code of Ordinances 


(d) Instructions to voters. To vote for any candidate 
place a cross (X) mark with ink in a blank space opposite the 
name of the candidate for whom you desire to vote. If you 
wrongly mark, tear or deface this ballot, return it to the judges 


of the election and obtain another. 


Do not vote more than one choice for any candidate, as only 


one choice will be counted. 


Vote as many third choices as you wish. 
Vote your first choice in the first column. 


Vote your second choice in the second column. 


Vote in the third column for all the other candidates whom 


you wish to support. | 


(Suggested form for ballot without heads and instruction.) 


One Mayor to Be Nominated. 


First Second Third 
Mayor Choice Choice Choice 
(Names of Candidates) © 
_ Four Aldermen or Commissioners to Be Nominated. 
Alderman First Second Third 
No. 1 Choice Choice Choice 
Tax and Land Commissioner— 
(Names of Candidates) 
Alderman First Second . Third 
No. .2. Choice Choice Choice 
Fire Commissioner— 
(Names of Candidates) 
Alderman First Second Third 
No. 3. Choice Choice Choice 
Street and Bridge Commissioner— 
(Names of Candidates) 
Alderman First Second Third 
Noe: Choice Choice Choice 
Water Commissioner— , 
(Names of Candidates) 
One Controller to Be Nominated. 
Controller— First Second Third 
(Names of Candidates) Choice Choice Choice 


One Chairman— 
Chairman of * First 

Executive Committee— Choice 

(Names of Candidates) 


Second 
Choice 


Executive Committee to Be Elected. 


Third 
Choice 


of the City of Houston 79 


Four—————E‘xecutive Committeemen to Be Elected. 
Executive Committeemen— First Second Third 
(Names of Candidates) Choice Choice Choice 


(Other officers, if any, charter amendments or other refer- 
endum matters to be voted upon here.) 


(e) When the number of candidates is more than three 
times the number of places to be filled the ballot shall contain 
three columns as above, headed, respectively, first, second 
and third choice, so that there shall be three blank spaces after 
the name of each candidate, one under each of said desig- 
nations. 


(f) When the number of candidates is more than two 
times the number of offices to be filled, and not more than three 
times the number of offices to be filled, the ballot shall give 
first and second choice columns only. 


(g) When the number of candidates is not more than two 
times the number of offices to be filled, only one column for 
marking votes shall appear. 


(h) The instructions to voters shall be changed to corre- 
spond with the number of columns for choice on the ballot. 


(i) All ballots shall be of the same size and quality, on 
white paper of the same tint and same kind of type, and 
printed with black ink. Space shall be provided for charter 
amendments and other questions to. be voted on at City elec- 
tions. The names of the candidates shall be arranged by lot 
by the executive committee as provided by law. 


(j) Such executive committee at least ten days before the 
primary election shall cause, at the expense of the City, as 
many sample ballots as may be necessary to abundantly supply 
the voters to be printed upon paper of different color, but oth- 
erwise identical with the ballots to be used at the election, 
and shall distribute the same upon application to the qualified 
voters of said City. : 


(k) Such ballots shall be counted at the time and in the 
manner provided by law, and the judges shall cause to be en- 
tered the number of first, second and third choice votes for 
each candidate on the tally sheet and make return thereof 
to the executive committee as provided by law. 

(1) If a ballot contain more than one vote for the same 
candidate, only the one of such votes highest in rank shall be 
counted. All ballots shall be void which do not contain first 
and second choice votes for as many candidates as there are 
offices to be filled, if the voter votes for any candidates for 


SO nie Revised Code of Ordinances 


any such office or offices, and shall also be void if, in voting 
for a candidate for any single office where there are two or 
more candidates, the voter fails to vote for a first and second 
choice. If a ballot contain either first or second choice votes . 
in excess of the number of offices to be filled, no vote in the 
column showing such excess shall be counted. 

(m) No informalities in conducting a municipal primary 
election shall invalidate the same if they be counted fairly 
and in substantial compliance with the Constitution and laws 
of the State of Texas and the Charter and ordinances of the 
City of Houston. (Amendment Mar. 3, 1914; Ord. Bk. 4, p. 
220, Sec: th.) | 


Sec. 179. Executive Chairman and Committee—The di- 
vision of the City of Houston into wards having been abolished 
by the present Charter of the City of Houston, there should be 
voted for and elected at said primary election by a vote of all 
the qualified voters at large of the City of Houston who are 
- members of the political party or organization holding said 
primary, a chairman of the executive committee of said polit- 
ical party or political organization for. the City of Houston, 
and also four (4) members at large of said executive commit- 
tee, in addition to the chairman thereof, as prescribed by the 
Terrell Election Law. The names of candidates for members 
of the executive committee shall be presented to the executive 
committeee in the same manner as the names of candidates 
for Mayor and for Aldermen at large; and all the terms of 
this article shall apply to the chairman of the executive com- 
mittee and to the four (4) executive committeemen at large, 
in the same way as to the candidates for Mayor and Aldermen. 
(Jan. 28, 1907; Ord. Bk. 2, p. 362, Sec. 11.) 


Sec. 180. Returns of Election; Canvassing Thereof; Cer- 
tification of Candidates Nominated—The returns of the pri- 
mary election, properly signed and certified, shall be made up 
immediately after the said vote is cast, and shall be properly 
signed and certified as correct by the judges and clerks of said 
election, and shall show the first choice vote, the second choice 
vote and the third choice vote cast for each candidate, and 
shall be sealed and immediately delivered, after such primary 
election, to the chairman of the City Executive Committee of 
the political party or organization. Said chairman shall give 
notice at once to the members of the City Executive Committee 
to assemble at the City. Hall of the City of Houston, at a date 
not later than two days after the holding of said primary elec- 


of the City of Houston $1 


tion, and said returns shall then be opened under the direc- 
tion of such executive committee and canvassed by them. They 
shall then make a list of the candidates who have been nomi- 
nated as candidates by such political party for the various 
offices and positions, being governed and controlled in deter- 
mining such facts and making such list by Section 173 hereof 
and other provisions of this article applicable and not incon- 
sistent with said Section 173, which list of candidates so nomi- 
nated the chairman of the executive committee shall certify to 
be correct and deliver to the Mayor and Council of the City of 
Houston, who shall cause the names of the candidates who 
have received the necessary vote to nominate, to be printed 
in some newspaper published in the City of Houston, and to 
be printed on the official ballot in the regular election for City 
officials, to be held thereafter. After the votes are counted 
by the judges of the election of each precinct, and returns cor- 
rectly prepared, the votes shall be sealed in the ballot boxes 
and turned over by the judges of election, along with their 
returns, to the City Executive Committee and said sealed ballot 
boxes shall be by the City Executive Committee turned over 
to the City Secretary of the City of Houston at the time when 
the vote, as canvassed by the executive committee of the pol- 
_ itical party, is certified to the Mayor and Council. (Amend- 
ment Mar. 3, 1914; Ord. Bk. 4, p. 220, Sec. 1.) 


Sec. 181. Judges, Etc., Must Have Paid Poll Taxes—No 
one shall serve as a judge, clerk or officer in the primary elec- 
tion, unless he has paid his poll taxes and is qualified to vote 
in the said primary election. (Jan. 28, 1907; Ord. Bk. 2, p. 
362, Sec. 138.) 


Sec. 182. Candidates May Select Supervisors; Duties of; 
Appointment—Any one-fourth (14,) of the candidates whose 
names appear on the official ballot may on the day preceding 
the election or prior thereto, agree in writing signed by them, 
- upon two (2) Supervisors in each election box and when such 
officers have been so selected their selection shall be notified 
in writing to the chairman of the executive committee, or to 
the executive committee, and said Supervisors shall then be 
named as election officers, and shall be sworn as election offi- 
cers, and while the election is being held they shall remain in 
view of the ballot boxes until the count is concluded, and they 
shall report any fraud or irregularity occurring to the next 
Grand Jury; all the expenses of said Supervisors shall be paid 
by the applicants; if said executive committee, or the chairman 
of the executive committee, refuses or fails to name such Su- 


82 Revised Code of Ordinances 


pervisors as election officers when said selection in writing has 
been presented to him, or them, the applicants for the appoint- 
ment of said Supervisors shall at once file with the Mayor and 
Council a written complaint setting up such application to the 
executive committee, or to the chairman thereof, and the fail- 
ure or refusal of said committee or the chairman thereof, and 
thereupon the Mayor and Council, either at a regular meeting, 
or any executive session, if the Supervisors named are qual- 
ified voters and members of the political party or organization 
holding said primary election, shall designate them as joint 
officers to hold said primary election, who when so designated 
shall enter upon their duties, being duly sworn, and participate 
in the holding of said election as Supervisors along with the 
election officers designated by the executive committee; but the 
expense of each Supervisor shall be paid by the candidates 
at whose instance they are named. (Amendment Jan. 30, 
TOT: Ord Bk e380 25 ect) 


of the City of Houston 83 


CHAPTER XIV. 
Electrical Department. 


Article 1.—Creation, Etc. 
2.—City Electrician, Etc. 
3.—Construction, Etc. 


ARTICLE 1. 
CREATION, ETC. 


Sec. 183. Creation of —That there is created the Electrical 
Department, of which the City Electrician, under the super- 
vision and jurisdiction of the Mayor and City Council, shall 
be the executive head, and this department shall have control 
over electrical wiring, and the construction, installation, alter- 
ation, operation and maintenance of electrical wiring, work, 
apparatus, poles and fixtures within the City of Houston and 
the inspection thereof. (Mar. 11, 1914; Ord. Bk. 4, p. —, 
Sec. 1.) 


Sec. 184. Composition of—That the Electrical Depart- 
ment shall consist of the City Electrician and suck assistants 
and employees as may be allowed by the Mayor and City 
Council. (Id., Sec. 2.) 


ARTICLE 2. 
CITY ELECTRICIAN, ETC. 


Sec. 185. Creation of Office; Qualifications—That there 
is created the office of City Electrician; that he shall be a 
practical and skilled electrician and shall be appointed by the 
Mayor and confirmed by the City Council. (Mar. 11, 1914; 
Ord. Bk. 4, p. —, Sec. 4.) 


Sec. 185a. Oath; Bond—That the City Electrician shall, 
before entering upon the discharge of the duties of his office, 
take the constitutional oath of office, and execute and deliver 
to the City a good and sufficient bond with sureties thereon 
to be approved by the Mayor, in the sum of One Thousand 
Dollars ($1000.00), conditioned for the faithful performance 
of the duties of his office, as prescribed by the ordinances. 
(Id., Sec. 5.) 


84 Revised Code of Ordinances 


Sec. 186. Duties of; Restrictions Upon Engaging in Busi- 
ness, Etc.—That the City Electrician shall have charge of the 
fire and police telegraph systems of the City of Houston and 
shall keep the same in the highest state of efficiency; that he 
shall have the power, and it shall be his duty, to inspect or 
re-inspect all overhead, underground and interior wires and 
apparatus conducting electric current for any of the purposes 
set forth in the ordinances, and when said conductors or appa- 
ratus are found to be unsafe to life or property, he shall notify 
the person, firm, corporation or association ‘owning, using or 
operating the same, to place the same in a safe condition with- 
in forty-eight (48) hours and it shall be their duty so to do. 
He shall be charged with the duty of enforcing all the ordi- 
nances of the City of Houston relating to electrical wiring, and 
the construction, installation, repair, alteration, operation and 
maintenance of electrical wiring, work, apparatus and fixtures, 
and with the inspection of the same. He shall also institute, 
by and with the advice of the City Attorney, such prosecutions 
as may be necessary against any violators of the ordinances 
with the enforcement of which he is charged; he shall devote 
his entire time and attention to the duties of his office and 
shall make such rules and regulations as he may deem advis- 
able for the successful operation of his department, subject to 
the approval of the Mayor and City Council. He shall perform 
such other duties as may be imposed upon him by the ordi- 
nances, or by the Mayor and City Council; he shall make full 
reports each month to the City Council of all work inspected 
by him and fees collected, and such other matters as may be 
connected with his office. He shall not be a member of any 
firm or corporation in business, or controlling any branch or 
occupation thereof, or be interested in any work let or to be 
let, or perform any duties not expressly provided in this 
chapter or by the City Council. (lId., Sec. 6.) 


Sec. 187. Salary of; Appointment of Assistants, Etc.; 
Suspension of Assistants, Etc.—That the City Electrician 
Shall receive a salary of One Hundred and Ninety Dollars 
($190.00) per month; that the assistants and employees of 
the department, allowed by the Mayor and City Council, shall 
be appointed by the Mayor, and shall recéive such salary as 
the Council may fix. That the City Electrician, with the ap- 
proval of the Mayor, may suspend any of such assistants or 
employees for insubordination or inattention to, or neglect of, 
_ duty, or violation of the ordinances, until he has been removed, 
discharged or reinstated, and during the time of such sus- 


of the City of Houston 85 


pension, unless he be reinstated without prejudice, he shall not 
be entitled to the pro rata portion of his salary. (Id., Sec. 7.) 


ARTICLE 3. 
CONSTRUCTION, ETC. 


Sec. 188. Definition Words “City Electrician,” ‘‘Master 
Electrician,” “Contracting Electrician” and ‘Journeyman 
Electrician’’—That the words “City Electrician,’ wherever 
used in this chapter, shall be held and construed to mean and 
include the City Electrician or any of his duly authorized as- 
sistants; provided, that the words “Master Electrician,’ wher- 
ever used in this chapter, shall be held and construed to mean 
a qualified Journeyman Electrician, contracting for himself, 
or for a Contracting Electrician, or an individual having had 
at least four (4) years’ experience ‘in electrical contracting 
or superintending electric work; proyided, that the words 
“Contracting Electrician,’ wherever used in this chapter, shall 
be held and construed to mean any person, firm or corporation 
(not coming under the meaning of “Master Electrician’), con- 
ducting the business of wiring and the construction, installa- — 
tion, repair, alteration and maintenance of electric wiring, 
work, apparatus and fixtures; provided, that the words “Jour- 
neyman Hlectrician,” wherever used in this chapter, shall be 
held and construed to mean an electrician exceeding twenty- 
one years of age who shall have had at least four (4) years’ 
practical experience at his trade. (Mar. 11, 1914; Ord. Bk. 
4, p. —, Sec. 3.) 


Sec. 189. “National Electric Code,’’ Amendments, Sup- 
plements, and Subsequent Codes Adopted, Etc.—That the 
rules and regulations of the National Board of Fire Under- 
writers embodied in its “National Electric Code” published in 
1913, and such subsequent codes, amendments and supplements 
as the said National Board of Fire Underwriters shall adopt; 
are hereby adopted as the rules and regulations to govern and 
be observed and followed in all electrical wiring, and all con- 
struction, installation, repair, alteration, operation and main- 
tenance of electrical wiring, work, apparatus or fixtures, ex- 
cept as may hereafter be specially provided in this chapter, and 
the same are hereby made a part of this chapter and of the 
ordinances of the City of Houston as fully as if copied herein 
in full; provided, that any printed book marked ‘National 
Electric Code 1913,” or any subsequent year, or any book 


which purports to be a supplement or amendment to such code, 
13 | 


86 ¢ Revised Code of Ordinances 


which purport on their face to be the rules and requirements 
of said National Board of Fire Underwriters governing such 
matters, shall be admitted in evidence with the same force 
and effect as the original rules and regulations without other 
or further proof, and the interpretation of the code by the City 
Electrician shall be final. (Id., Sec. 8.) 


Sec. 190. Metal Conduits, Etc., When Required—That 
the wires used for conducting electricity except telephone, tele- 
graph, call bell or similar systems shall be inclosed in approved 
metal conduits or metal moulding, installed in accordance with 
the rules and regulations of said “National Electric Code,”’ 
provided, that the provision requiring metal conduits or mould- 
ing shall apply only within the fire limits of said City of Hous- 
ton, or such fire limits of said City as the same may be‘here- 
after extended. This rule shall apply to all apartment houses 
of over two (2) apartments and all buildings used for public 
gatherings in the City of Houston. (ld., Sec. 9.) 


Sec. 191. Fuse Blocks, Etc.; Additional Requirements Not 
Contained in ‘National Electric Code’’—That it shall be 
unlawful for any person to bridge a fuse block with wire or 
fuse any conductor above its rated capacity; provided, that 
in all installations where half-inch conduits are used, only three 
+14 wires, or three #12 or two #10 single wires will be al- 
lowed in this size circuit, nor will more than four #14 or four 
+12 single wires or more than two #14 or #12 Duplex wires 
be allowed in three-fourths inch conduit and all conduits must 
be of the size to permit the easy insertion and withdrawal of 
all wires and the use of any compounds or lubricants other 
than soapstone is prohibited; provided, that all wires for elec- 
tric bells shall have waterproof or damp proof insulation ; pro- 
vided, that in bath rooms and kitchens and also wherever 
there is a cement or tile floor, cord drops are to consist of re- 
inforced lamp cord and porcelain sockets and all metal lighting 
fixtures are to be wired with +14 wire and to have porcelain 
sockets. At least one flush receptacle “Edison Screw Base’ 
Shall be placed in each dressing room of each theatre, opera 
house or public hall; provided, where wiring installation is 
of knob and tube system, all outlets shall be provided with 
metal conduit outlet boxes with fixture studs, the boxes to be 
fireproof with only such openings necessary for the placing 
of flexible conduit from last knob to the box. These boxes 
must be supported with four bolts to a header which must be 
secured to the ceiling joist so that there will be no strain on 
the ceiling. (Id., Sec. 21.) 


of the City of Houston 87 


Sec. 192. Permits Necessary for Electrical Work, Etc.; 
Restrictions Upon City Electrician as to Issuance of Permits; 
Exemptions—That no person, firm or corporation, or officer, 
or receiver or employee of such corporation, shall do or cause 
or permit to be done any interior or exterior wiring, or any 
construction, installation or alteration of any electrical wir- 
ing, work, apparatus or fixtures within the City of Houston, 
without first having obtained a permit for the particular work 
from the City Electrician of said City; provided, that the said 
City Electrician shall not issue a permit for any such work to 
any person, firm or corporation who has not been regularly 
licensed as a Master Electrician or Contracting Electrician to 
do electric wiring, and the construction, installation and al- 
teration of electric wiring, work, apparatus and fixtures, by 
the Board of Examiners for electricians elsewhere provided 
for in this chapter; provided, that repair work may be done 
only by a duly licensed Master Electrician or a duly licensed 
Contracting Electrician without a permit, but such _ re- 
pairs must be reported in writing, on blanks provided by the 
city, to the City Electrician for inspection, but without charge 
for such inspection; provided, that in establishments or build- 
ings having permanently in its employ a man of such mechan- 
ical and electrical knowledge.and experience as to be able to 
make electrical installations for light, heat and power, may 
have such employee take the examination hereinafter provided 
and if the applicant shall prove to the Board of Examiners his 
ability to properly install such work, a license shall be granted 
him to do electrical repair work only in the establishment or 
building in which he is employed by complying with the con- 
ditions elsewhere provided in this chapter; provided, that re- 
quirements as to license shall not apply to telephone and tele- 
graph, lighting and power companies or street railways. (Id., 
Sec. 10.) 


Sec. 193. Applications for Permits; City Electrician to 
Issue Permit, When; Work Not to Be Done Without Permit; 
Wiring, Etc., Not to Be Concealed Until; Corrections; Per- 
mit Necessary to Turn on Current; Temporary Permit—That 
every person, firm or corporation or company desiring to in- 
stall wires or other apparatus for the use of electrie current 
for illumination, decoration, power or heating or any altera- 
tion or addition to any electric wiring, work, apparatus or 
fixtures, shall, before commencing or beginning any work in 
connection therewith, file an application for a permit therefor 
in the office of the City Electrician, which application shall 


88 Revised Code of Ordinances 


describe in detail the material and apparatus that it is desired 
to use, giving a full description of same and setting out the 
locality where it is to be employed or installed, giving street 
and number, and in case there is no number, such other de- 
scription as will fully locate place of said installation; pro- 
vided, that such application shall be passed upon by the City | 
Electrician, and if found proper and the applicant is fully 
qualified under this article, a signed permit for said work shall 
be given by said City Electrician; provided, that no work 
shall be done until said permit has been granted, and provided 
further, that no electrical wiring shall be concealed from view 
until inspected by the City Electrician or his inspectors, and 
accepted by him as in substantial compliance with the ordi- 
nances, regulations and rules governing same; provided, that 
such person, firm or corporation doing such work shall give 
at, least thirty-six (86) hours’ notice for inspection, and pro- 
vided further, that said person, firm or corporation shall be 
given due notice in writing of any correction or change deemed 
necessary by the City Electrician, or his inspector, and that 
such notice be returned to the City Inspection Department 
with correction or change endorsed thereon by such Master 
Electrician, firm or corporation as may be doing said work, 
and provided further, that before any electrical current shall 
be turned on or used in any electrical wiring, a permit there- 
for shall be issued to the firm, person or corporation furnish- 
ing said current, nor until a certificate of inspection has been 
issued by the City Electrician; provided, that said City Elec- 
trician may issue a temporary permit for the use of electrical 
current during course of construction of, or alteration of 
buildings, which permit shall expire when the electrical appa- 
ratus for said building is properly installed. (Id., Sec. 19.) 


Sec. 194. Inspections by City Electricians, Etc.; Au- 
thority of; Notice; Penalty—That the City Electrician, or his 
inspectors, is hereby authorized and empowered to inspect all 
apparatus and wires used in conducting electric current for - 
light, heat, power, telephone, telegraph or signal, and shall 
have the right to enter upon and inspect premises at any time 
, within reasonable hours and when said conductors or appar- 
atus are found unsafe for life or property, he shall then notify 
the persons, firm or corporation owning or using them that 
same are unsafe and shall order same to be placed in a safe 
and secure condition within forty-eight (48) hours, and any 
person, firm or corporation failing to comply with said notice - 
within said time, shall be held guilty of a misdemeanor and, 


of the City of Houston 89 


upon conviction thereof in the Corporation Court, shall be 
fined not less than Ten Dollars ($10.00) nor more than Fifty 
Dollars ($50.00) ; provided, that every day that shall elapse 
before said defects are corrected shall constitute a separate 
offense; provided, further, that in any case of failure to com- 
ply with this article the City Electrician shall have authority, 
after due notice, to cut out lights, service or current in any 
locality concerned and enforce discontinuance of the same 
until said requirements are complied with. (ld., Sec. 20.) 


Sec. 195. Fees for Inspection, Etc.—That for the inspec- 
tions by the City Electrician provided for in the ordinances, he 
shall collect inspection fees, as follows: 

For inspection of electric wiring for lights, fans and heating 
devices where A. C. or D. C. service is required in either con- 
cealed conduit or open work, 25c per outlet for the first 10; 
15c per outlet for the second 10; 10c per outlet for 20 or more. 

For illuminating signs, for 20 or less lights, the charge shall 
be $1.00; and 5c for each additional light over 20 and up to 
and including 100 lights, and 214c per light for all lights ex- 
ceeding 100. | | 

For motors of 14 H. P. or over, there shall be a charge of 
$1.00 per motor; for motors where used on regular lighting 
system, of under 14 H. P., shall be included as one of the 
outlets of the regular lighting system. 

For every service connection for light, heat or power, for 
a cut-over or transfer of meter, 50c. 

For inspecting temporary installations for show windows, 
exhibitions, conventions and the like, $1.00 per hour or fraction 
(PHereos, 

For inspecting poles, anchors and guy-stubs, 25c each. 


For any new inspection for any of the above named installa- 
tions there shall be a charge of one-half of the original in- 
spection fee, provided that no inspection as called for above 
shall be made for less than $1.00. 

Before permits are issued, the contractor making application 
shall ascertain and make clear in his application, the total 
number of all outlets and the entire fee shall be paid for each 
outlet before the permit shall be issued. 

That whenever any customer of the Light and Power Com- 
pany shall make application to the Public Service Commis- 
sioner for a test of his meter or a test to determine the voltage, 
as is provided for in the ordinance creating the office of Public 
Service Commissioner, and the City Electrician makes the 


90 Revised Code of Ordinances 


test provided for in said ordinance, or is present when such 
test is made, he shall be entitled to collect the sums provided 
for in said ordinance as fees of his office, and in case the 
meter should meet the requirements of the ordinance, or the 
voltage is sufficient and adequate according to the terms of 
the ordinance, then he shall collect the deposit from the Public 
Service Commissioner in payment of his fee, but should such 
meter not meet the test, or such voltage be inadequate and 
insufficient, then he shall collect from the Light & Power 
Company for the test of said meter the sum of $1.50, and for 
the voltage test, the sum of $1.00, which said fee, when col- 
lected by him, shall be remitted to the Assessor and Collector 
of Taxes, as in other cases. (ld., Sec. 24.) 


Sec. 196. Board of Examiners of Electricians; Composi- 
tion and Appointment; Power; Licenses—That there shall be 
created and established a Board of Examiners of Electricians 
consisting of the City Engineer of said city, who shall be 
chairman of said board; the City Electrician of said city, two 
master electricians of at least four (4) years’ experience, re- 
siding in said city, and one electrical engineer; provided, that 
the master electrician and electrical engineer, as members of 
the board, shall be appointed by the Mayor and confirmed by 
the City Council on the first Monday in April next, and on 
the first Monday in April each succeeding year thereafter, 
and a majority of said board shall constitute a quorum and be 
authorized to grant or refuse licenses as hereinafter provided ; 
and it shall make such rules and regulations not inconsistent 
with the Charter and ordinances of the City of Houston as it 
may deem meet and proper for the transaction of its business 
and the examination of applicants for licenses hereunder; 
provided, that it shall examine and pass upon the qualifications 
and fitness of all persons engaged in, or those that may here- 
after desire to engage in, the business, hereinbefore specified, 
either as master electricians or contracting electricians, and 
it shall not refuse any qualified person, firm or corporation 
a license on account of prejudice or other cause not pertaining 
to his qualifications and fitness, nor shall it grant any license 
to any person, firm or corporation through bias, favoritism 
or other cause except qualification. (Id., Sec. 11.) 


Sec. 197. Prerequisite to Obtaining License; Duties and 
Powers of Board of Examiners; Licenses—That the following 
shall be prerequisite to obtaining a license hereunder in ad- 
dition to such rules and regulations as may be made by said 
board, viz., that every applicant for a license shall agree, as 


of the City of Houston 91 


a condition of its granting and issuance, to carry on said 
business or trade in strict accordance with the rules and regu- 
lations of the City of Houston in reference to said business 
or trade, and in accordance with the bond hereinafter provided 
and to do all work in accordance with the rules and regulations 
as prescribed in said “National Electric Code,” and in the 
amendments and supplements thereto and in and by the 
ordinances of the City of Houston; provided, that a master 
electrician shall be exceeding twenty-one years. of age and 
shall have had at least four (4) years’ experience in electrical 
contracting business or wiring and work and in the con- 
struction, installation, repair, alteration, operation and main- 
tenance of electric wiring, work, apparatus and fixtures, and 
shall stand such examination as to his qualification and fitness ~ 
as the said board may provide and establish, and a master 
electrician shall give the bond hereinafter required; provided, 
that a contracting electrician, whether an individual, firm or 
corporation, shall make the agreements hereinabove set out 
and shall give the bond hereinafter required, and shall agree, 
‘in addition, to employ a duly licensed master electrician in the 
superintendence and execution of the work undertaken by it 
or him; provided, that whenever any person, firm or corpora- 
tion shall make application for a license to do electrical work, 
it shall be the duty of the said board to pass upon the ability 
and responsibility of such applicant as to whether he may be 
reasonably expected to satisfactorily complete any contracts 
that he may enter into with the citizens of Houston; provided, 
that the board shall adopt a uniform application blank which 
shall contain detailed information as to the applicant’s general 
and technical fitness for license, and shall contain, also, the re- 
port of said board in detail, with written record of examination 
on file in case of complaint or contest by the party having been 
examined and failed, and it shall be filed with the City Electri- 
cian, and he shall, when application is approved by said board, 
issue certificate to the City Assessor and Collector and license 
may then issue and not before; provided, that the Board of 
Examiners for Electricians shall keep a substantially bound 
book in which shall be kept a register of the names and places 
of business of all persons, firms or corporations to whom mas- 
ter or contracting electricians’ licenses are issued by it, and no 
license shall be issued for a longer period than one year, but 
may be renewed from year to year without further examina- 
tion, upon proper application ; provided, that each applicant for 
a master electrician’s license or a contracting electrician’s 
license shall pay to the city the sum of Twenty-five Dollars 


92 Revised Code of Ordinances 


($25.00) yearly, to be, by said City Electrician, turned into 
the treasury of the City of Houston through its proper re- 
ceiving officer; provided, that each master electrician or con- 
tracting electrician prior to the issuance of the license herein 
provided for shall deposit with the City Controller, to be 
approved by him, a bond in the sum of Twenty-five Hundred 
Dollars ($2500.00), with two or more good and sufficient 
sureties, or with some good surety company, payable to the 
order of the Mayor of the City of Houston and his successors 
in office, conditioned for the faithful performance of all work 
entered upon or contracted to be done, for the strict compliance 
with all the rules and requirements of the City of Houston 
and the “National Electric Code,” relating to electric wiring, 
work, apparatus or fixtures, that the licensee will indemnify 
and save harmless the City of Houston, and conditioned 
further, that said bond may be sued upon by any person 
aggrieved or injured by such licensee in the prosecution and 
- completion of such work, and that the same shall not be ex- 
hausted until a recovery for the full amount thereof is had, 
and further, that the said licensee will give a new bond when- 
ever there is a recovery of as much as twenty-five per cent 
(25%) of the old bond, or whenever the board may require 
it; provided, that the owner or agent of any establishment or 
building having a master electrician in its employ, as provided 
in Section 192, be required to give same bond as heretofore 
mentioned and pay the same license fee as hereinbefore re- 
quired, before having permit issued for work on his or his 
principal’s buildings; provided that, however, when the ma- 
terial furnished or work done or service performed shall have 
been inspected and a written or printed certificate of approval 
issued by the City Electrician, then the said master electrician 
or contracting electrician or other holder of said license shall 
be considered as having fulfilled the requirements of this 
chapter, and his responsibilities shall cease under the above 
bond for material furnished and work or service performed. 
(Id., Sec. 12.) 


Sec. 198. Unlawful for Master Electrician, Etc., to En- 
gage in Business; When—That from and after forty days 
after the passage of these ordinances, it shall be unlawful for 
any master electrician or contracting electrician to engage 
in his said business or trade unless he has been duly examined 
and licensed by the said Board of Examiners for Electricians. 
(Td:Sec. 13,) | 


of the City of Houston 93 


Sec. 199. Unlawful to Transfer License, Etc.—That it 
shall be unlawful for any person, firm or corporation holding 
a license hereinunder to transfer the same or allow the use 
of same, directly or indirectly by any other person, for the 
purpose of obtaining a permit to do any of the electrical work 
hereinbefore specified. (Id., Sec. 14.) 


Sec. 200. Must Have One “Journeyman” on Job, Un- 
less—That it shall be unlawful for any master electrician or 
contracting electrician to do, or cause or permit to be done, 
any electric wiring, and the construction, installation, repair 
or alteration of electric wiring, work, apparatus and fixtures, 
without having at least one journeyman electrician on the 
job; provided, that if the master electrician is working on 
the job himself, the journeyman | is not to be required. (Id., 
Sec. 15.) 


Sec. 201. License Necessary; Except—That it shall be 
~ unlawful for any person, firm or corporation to do, or cause, 
or permit to be done any interior or exterior wiring, repairing 
or remodeling of any electric wiring in the City of Houston: 
intended to carry a voltage of 25 volts or more, for light, heat 
and power, unless he be a duly licensed master electrician or 
some duly licensed contracting electrician or person, firm or 
corporation meeting all the requirements of this chapter; 
provided, that a helper may do electric wiring under the direct 
personal supervision of a journeyman electrician or master 
electrician; provided, that the journeyman electrician is em- 
ployed by a duly licensed master electrician or contracting 
electrician or owner or agent as provided by this chapter; 
provided, that nothing herein shall excuse the obtaining of a 
permit. (lId., Sec. 16.) 


Sec. 202. License Cancelled; When; Procedure—That 
any master electrician or contracting electrician who shall 
fail, neglect or refuse to comply with the said “National Elec- 
tric Code’’ in doing electrical wiring or in the construction, 
installation, repair, alteration or maintenance of electric wir- 
ing, work, apparatus or fixtures; or who shall fail to comply . 
with each and all the provisions of this chapter, shall forfeit 
his or its right to follow such business or trade, and the Board 
of Examiners shall have the right and it is hereby made its 
duty to cancel such license, first giving the licensee five (5) 
days’ notice of its intention so to do, if he does not show good 
cause why it should not be cancelled; provided, that said 
board in case of such hearing shall have the right to swear 


94 - Revised Code of Ordinances 


and examine witnesses and to hear their testimony and if, 
after such hearing, it finds that such licensee is guilty of a 
violation of said code, or of the ordinances, as charged, or has 
done any of the things authorizing the forfeiture of his license, 
it shall enter in its said register of licenses granted, opposite 
the place where granted, a cancellation of such license; pro- 
vided, that in the event that such licensee fails to appear and 
show cause why said license should not be cancelled, then the 
said board may proceed, in the absence of such licensee, to 
hear and determine the facts and enter its order; provided, 
that in addition to the forfeiture of such license, the said 
licensee shall be subject to the other penalties hereinafter 
provided. (Id., Sec. 17.) | 


Sec. 203. Penalty—That any. person, firm or corporation, 
or any agent or employee of such person, firm or corporation, 
who shall do or cause or permit to be done any interior or 
exterior wiring or any construction, installation, repair, alter- 
ation, operation or maintenance of electric wiring, work, ap- 
paratus or fixtures in violation of this chapter, shall be deemed 
guilty of a misdemeanor and upon conviction thereof shall be 
fined in the sum of not less than Ten Dollars ($10.00) nor 
more than Two Hundred Dollars ($200.00), in the discretion 
of the Court; provided, that each day that such work may be 
allowed to be used and operated by having electric current 
turned on and in use shall constitute a separate offense; and 
in case of willful and continued violation of this chapter by 
any, such person, firm or corporation or company, or by any 
officer, agent or employee of such person, firm or corporation 
or company, the city shall have the power to revoke and 
repeal any ordinance under which said person, firm or corpora- 
tion or company may be acting and to revoke and repeal all 
permits, privileges and franchises granted to a person, 
firm, corporation or company, as aforesaid. 


Sec. 204. Permit Necessary to Erect, Etc., Poles, Etc.; 
Application for Permit—It shall be unlawful for any person, 
firm, corporation or their employees to erect or reset poles, 
anchors or guy-stubs without first filing application with the 
City Electrician for permit for said poles, anchors or guy- 
stubs to be erected. Application for pole setting shall show 
the location by streets, where the poles, anchors or guy-stubs 
are to be erected. The height, size and location of all poles, 
anchors, guy-stubs and wires shall be set according to the 
direction of the City Electrician, and whenever, in his judg- 
ment, it is necessary to remove or change such line or poles 


of the City of Houston 95 


or wires for the purpose of facilitating safety or such other 
wires and poles, the person, firm or corporation owning said 
poles, lines or wires shall, upon written notice, reset, change 
or alter the height and location of such poles herein mentioned. 
(Id., Sec. 22.) 


Sec. 205. Manholes for Underground Systems—The loca- 
tion of all manholes for underground conduit system outlet 
lateral pipes, etc., shall be directed by the City Electrician and 
all companies using the streets, alleys and avenues of the City 
of Houston for underground purposes shall keep on file in the 
office of the City Electrician a map showing the location 
and number of ducts of their underground system.  (lId., 
Sec. 23.) | 


Sec. 206. Deposits—Every contractor doing business in 
accordance with this chapter shall keep on deposit with the 
office of the City Electrician the sum of $25.00 for the pur- 
pose of clearing any possible balance due on original permit 
and prevent delay of service to the owner; a receipt for the 
balance due will immediately be sent to the contractor with 
statement of amount still on hand with the City Electrician. 
(ideesece2os) | 


Sec. 207. Cross Wires to Be Five Feet Apart—Whenever 
it shall become necessary for any electric light or power com- 
pany to carry its wires across the line of any fire alarm, tele- 
graph, telephone or other electric light or power company, 
such wires shall be at a distance from the other wires, of not 
less than five feet. And no wires shall be allowed over the 
city fire alarm and police telegraph wires, unless special per- 
mission is given in writing by the City Electrician. (Code 
1904, Art. 107.) 


Sec. 208. Wires Only Placed Under Sheds, Etc., by Con- 
sent—No wires of telegraph, telephone, electric railways, elec- 
tric light or power company, shall be allowed under or above 
sheds, galleries or awnings without the written consent of the 
City Electrician, if deemed necessary. (ld., Art. 108.) 


Sec. 209. Each Electric Light Company to Have Tap- 
pers—The City Electrician shall erect in the station of every 
electric light or power company, at the expense of said com- 
pany, a suitable tapper, connecting with the fire-alarm system 
of the city, by which shall be indicated the location of all fires, 
and in the event of a fire in any district in which any company 
has wires, said company shall forthwith send a man prepared 


96 Revised Code of Ordinances 


to remove the wires, under the direction of the City Electrician 
or the Chief of the Fire Department. (lId., Art. 115.) 


Sec. 210. May Use Property of Another Corporation— 
In case any person or persons, corporation or-association, de- 
sire to place along or across any of the streets, alleys or public 
places of the City of Houston, wires, tubes or cables, and 
shall, with the application and plat herein provided for, file 
in the office of the City Secretary the written consent of any 
telegraph or telephone company doing business in the City 
of Houston, to the placing of such wires, tubes or cables, upon 
the poles of said telegraph or telephone company, situated 
in the streets, alleys or public places named in such application, 
then the Fire Committee is hereby authorized to grant a per- 
mit for such occupancy of the poles of such telegraph or tele- 
phone company, with the restrictions, regulations and qualifi- 
cations as may be prescribed by said committee. (Id., Art. 
117.) 


Sec. 211. City May Change Mode of Conducting Wires— 
Nothing contained in this chapter shall be so construed as to 
in any manner affect the right of the city in the future to 
prescribe any other mode of conducting wires over or under its 
thoroughfares. (Id., Art. 119.) 


Sec. 212. Shall File Application and Plat—Any person 
or persons, corporations or associations desiring to place along 
or across any of the streets, alleys or public places of the 
City of Houston, wires, tubes or cables, shall file in the office 
of the City Secretary an application therefor, stating in detail 
the streets, alleys or public places which said wires, tubes or 
cables are to occupy, and the manner in which said wires, 
tubes or cables are to be secured or supported and insulated, 
together with a plat showing the route of such wires, tubes or 
cables. (Id., Art. 120.) 


Sec. 213. Duty in Case of Broken Wire—Whenever any 
electric wire shall be broken, or be in unsafe condition, it 
shall be the duty of said owner of such wire, or the president 
or manager of the company owning or controlling such wire, 
to immediately cause the current to be discontinued until such 
wire is put in safe condition. (Id., Art. 126.) 


Sec. 214. Electric Wires, When Improperly Construct- 
ed—Whenever the trolley wire, guard wire, guy wire, or any 
other wire used in any way for the transmission of electricity 


of the City of Houston O7 


shall be poorly or improperly constructed, it shall be the duty 
of the City Electrician to notify the owner of such wire, or the 
manager of the company having charge of such wire, to have 
the same remedied, and it shall be the duty of such manager 
to put such wire or wires in a safe and proper condition within 
one day after such notice; and every day that such manager 
shall fail to have the same remedied, after such notice, shall 
constitute a separate offense. (lId., Art. 127.) 


Sec. 215.. Each Company to Maintain at Least One Line- 
man—lIt shall be the duty of every electric light company 
and every electric street railway company to maintain at least 
one lineman, who can reach, within reasonable length of time, 
from their office in the City of Houston, their wires, to remedy 
breaks or poor construction of such wires, and keep their wires 
at all times in.a safe condition. (Id., Art. 128.) 


Sec. 216. Every Lineman to Wear a Badge—Every line- 
man or lampman shall wear a badge in plain sight, indicating 
his number and the company by whom he is employed, and 
in case of fire, this badge shall serve as a pass to admit the 
wearer inside the fire lines. (Id., Art. 116.) 


Sec. 217. Insulation—The insulation resistance on all the 
circuits of all companies shall be maintained at a standard 
approved by the City Electrician, and every facility for testing 
circuits shall be accorded said City Electrician, and all mate- 
rial used in construction, repairs or installation of all electrical 
works in this city, either inside or outside work, must be ap- 
proved by said City Electrician. (Id., Art. 109.) 


Sec. 218. Penalty—Every violation of the provisions of 
this chapter shall constitute a misdemeanor, and the persons, 
company or corporation, or any employee, agent, manager or 
officers thereof guilty of violating any of its provisions, shall, 
upon conviction thereof where no penalty is specially pro- 
vided, be fined not less than Ten Dollars ($10.00) and not 
more than One Hundred Dollars ($100.00) for each offense, 
and every violation of, and each and every day’s failure or 
refusal to comply with, said provisions shall constitute a sepa- 
rate offense, and in case of willful and continued violation of 
this chapter by any such person, company or corporation, as 
aforesaid, or their agents, employees, servants or officers, the 
city shall have the power to revoke and repeal any ordinance 
under which said person, company or corporation may be act- 
ing, and to revoke and repeal all permits, privileges and fran- 
chises granted to said persons, company or corporation as 
aforesaid. (lId., Art. 125.) 


98 Revised Code of Ordinances 


CHAPTER XV. 


Engineering Department. 


Article 1.—Creation, Officers, Etc. 
2.—Duties, Etc., of Officers, Etc. 
3.—Surveys, Subdivisions, Etc. 


PAR TICEN Wd, 
CREATION, OFFICERS, ETC. 


Sec. 219. Creation, Etc.—That there is created an Engi- 
neering Department, which said department shall consist of 
a City Engineer, a First Assistant City Engineer, a Chief 
Plumbing Inspector, and such other plumbing inspectors, of- 
ficers and employees as may be allowed by the Mayor and City 
Council. (Mar. 11, 1914, Ord. Bk. 4, p.—, Sec. 1.) 


Sec. 220. Officers of; Officers to Take Oath of Office— 
That there are created the offices of City Engineer, First 
Assistant City Engineer, Chief Plumbing Inspector and such 
other officers and plumbing inspectors as the Mayor and City 
Council may from time to time add to the department. That 
all officers of the Engineering Department, before entering 
upon the discharge of the duties of their offices, shall take and 
subscribe to the constitutional oath of office. (Id., Sec. 2.) 


Sec. 221. Control, Etc., of—That the Engineering De- 
partment and its officers and employees shall be under the 
charge, control and direction of the Mayor and City Engineer, 
and the City Engineer shall, at all times, be responsible for 
the conduct of said department. (ld., Sec. 3.) 


Sec. 222. City Engineer; Qualifications; Bond—That the 
City Engineer shall be an engineer of not less than five (5) 
years’ professional experience, and shall be appointed by the 
Mayor and confirmed by the City Council, and shall hold said 
office subject to removal as provided by the Charter; he shall 
receive such salary as is now or may be fixed by the City 
Council. Before entering upon the discharge of the duties of 
his office, he shall execute and deliver to the City of Houston 
and thereafter whenever requested so to do by the Mayor, a 
bond in the sum of Five Thousand Dollars ($5000.00), payable 
to the said City of Houston, with at least three (8) good and 


of the City of Houston 99 


sufficient sureties or a surety company authorized to do busi- 
ness in Texas, to be approved by the Mayor, conditioned for 
the faithful performance and discharge of the duties of his 
office as now or as may hereafter be fixed by the ordinances 
-of the City of Houston or by the Mayor or by the City Coun- 
cil; that said bond shall provide that the conditions thereof 
are to be performed in Houston, Harris County, Texas, and 
that in case of recovery thereon, the obligors will pay the 
expense incurred by or imposed upon the said City of Houston 
in or about the collection thereof, including a reasonable at- 
torney’s fee, and that said bond shall not become void until 
the whole amount thereof has been exhausted. (Id., Sec. 4.) 


Sec. 223. First Assistant City Engineer; Qualifications; 
Bond—That the First Assistant City Engineer shall be a civil 
engineer of not less than three years of professional experi- 
ence, and shall be appointed by the Mayor and shall receive 
such salary as may be fixed by the City Council. He shall 
execute and deliver to said City a bond in the sum of Two 
Thousand Five Hundred Dollars ($2500.00), of like tenor, 
terms, effect, provisions and conditions as required of the City 
Engineer. He shall hold his office subject to removal by the 
_ Mayor, as provided by the Charter. (lId., Sec. 10.) 


Sec. 224. Chief Plumbing Inspector; Bond—That the 
Chief Plumbing Inspector shall be appointed by the Mayor, 
and shall execute and deliver to the said City of Houston a 
bond in the sum of One Thousand Dollars ($1000.00), of like 
tenor, terms, effect, provisions and conditions as required of 
the City Engineer; that he shall receive such salary as is now 
or may be fixed by the City Council; that he shall be under 
the supervision, direction and control of the City Engineer and 
Mayor, and may be removed by the Mayor at any time, as 
provided by the Charter. (lId., Sec. 11.) 


ARTICLE, 2. 
DUTIES, ETC., OF OFFICERS, ETC. 


Sec. 225. City Engineer; Duties, in Addition to Other 
Duties—That it shall be the duty of said City Engineer, in 
addition to other duties now or hereafter imposed upon him 
by the ordinances or by the Mayor or by the City Council, to 
perform such civil engineering and surveying necessary in 
the prosecution of:all public work done by the City of Houston 
or under the direction or supervision of the Mayor and City 
Council; to make all surveys, inspections and estimates re- 


100 Revised Code of Ordinances 


quired by the City Council; to examine all public work done 
under contract and report thereon to the City Council. (Mar. 
11, 1914, Ord. Bk. 4, p.—, Sec. 5.) ' 


Sec. 226. City Engineer; Restrictions Upon Employment, 
Etc.; Custodian of Maps, Etc.—That said City Engineer shall 
devote his entire time and energy to the discharge of the duties 
of his office and shall not do any work for or take any fee 
or recompense from any individual or corporation other than 
the City of Houston during his incumbency of the office. He 
shall be custodian of and responsible for all maps, plans, pro- 
files, field notes and other records and memoranda belonging 
or pertaining to said office and to the work thereof, all of 
which he shall keep in proper order and condition with full 
index thereof,.and all of which he shall turn over to his suc- 
cessor. (ld., Sec. 6.) 


Sec. 227. City Engineer; May Make Rules, Etc.; How— 
That the City Engineer may from time to time make, estab- 
lish and promulgate, with the approval of the Mayor and City 
Council and Civil Service Commission, such rules and regula- 
tions for the control and management of the Engineering De- 
partment and the officers and employees thereof not inconsis- 
tent with the ordinances, as may be deemed advisable. (Id., 
Sec. 8.) 


Sec. 228. City Engineer; May Suspend, Etc.; When— 
That the City Engineer may, with the approval of the Mayor 
and subject to the civil service rules, suspend any officer or 
employee of the Engineering Department for insubordination 
or inattention to, or neglect of duty, or violation of the ordi- 
nances or the rules and regulations of the Engineering De- 
partment, and during the time of such suspension, unless such 
officer or employee be reinstated without prejudice, he shall 
not be entitled to the pro rata of his salary. (Id., Sec. 9.) 


Sec. 229. Shall Run Levels—The City Engineer shall run 
a sufficient set of levels on every street, and project said levels 
on proper paper of uniform scale, with the view of the estab- 
lishment of the proper grades and drainage of the city. In 
running the lines of levels as above, the Engineer shall estab- 
lish bench marks at convenient distances, checking upon the 
same until they agree. (Code 1904, Art. 181.) 


Sec. 230. Engineer to Keep Record—lIt shall be the duty 
of the City Engineer to procure for his office and use as 
property of the city, and at the expense thereof, suitable books, 


of the City of Houston 101 


to be used for the record, and illustrations by suitable draw- 
ings of all city work done by him pertaining to grades, streets, 
sidewalks, sewers, drains, ditches and all public work. Also 
for recording all private surveys. He shall have full control 
and custody of, and be responsible for, all property pertaining 
to the office of City Engineer, and shall receipt for them by 
inventory and return them to the Mayor, or his successor, on 
leaving office. (Id., Art. 172.) 


Sec. 231. First Assistant City Engineer; Duties of; Re- 
strictions Upon—That the First Assistant City Engineer, 
during the absence or inability of the City Engineer, or during 
a vacancy in the office of City Engineer, shall perform and 
discharge all the duties of City Engineer until the City Engi- 
neer returns to duty or the vacancy in the office is filled. He 
shall, at all times, be under the direction, control and super- 
vision of the City Engineer and Mayor and shall devote his 
entire time and energy to the discharge of the duties of his 
. office and to the performance and discharge of such other 
duties as he may be directed to perform by the City Engineer 
or the Mayor or the City Council, or such as may hereafter be 
imposed upon him by the ordinances. That the provisions of 
Sections 226 and 243, respecting the City Engineer, shall apply 
with equal force to the First Assistant City Engineer. (ld., 
Sec. 10.) 


Sec. 232. Chief Plumbing Inspector; Duties of; Restric- 
tions Upon; Authority; Ex-officio Gas Inspector; Police Au- 
thority Plumbing Inspectors—That it shall be the duty of 
the Chief Plumbing Inspector, in addition to the duties which 
are now, or which may hereafter be imposed upon him by 
the ordinances, to see that the construction and maintenance 
of the plumbing, drainage and sewerage in the City of Houston 
shall hereafter conform and comply with all the ordinances 
therefor, and shall make all necessary inspections from time 
to time. He shall take all such steps as may be necessary 
to enforce the observance of all ordinances of the city relating 
to plumbing, sewerage and drainage, and shall, by and with 
the advice of the City Attorney, institute such prosecutions 
as may be necessary for that purpose. That he shall, under 
the supervision, direction and control of the City Engineer 
and Mayor, have direction, supervision and control of all other 
plumbing inspectors. That he shall be the representative of 
the City Engineer for the purpose of doing all things required 


to be done by the City Engineer in the ordinances relating to 
14 


102 Revised Code of Ordinances 


plumbing, sewerage and drainage; that he shall devote his 
entire time and energy to the duties of his office and shall 
not engage in the occupation of plumbing, drainage or ventila- 
tion of buildings, nor be interested directly or indirectly in 
the business of any person, firm or corporation engaged in 
such business during his term of office. That he shall be 
ex-officio gas inspector; that he shall do and perform such 
other and further duties as he may be directed to perform by 
the City Engineer, the Mayor or the City Council. 


That any plumbing inspectors, including the Chief, shall 
have and are hereby given police powers, and shall be permit- 
ted at all reasonable hours to enter any and all buildings or 
places for the purpose of inspecting the plumbing, sewerage 
and drainage constructed, or in course of construction, repair 
or alteration, but so far as possible shall make such inspec- 
tions in the day and shall have power to make arrests where 
other police officers in the City of Houston are authorized so 
to’ do: -Gidz Secielihs) 


Sec. 232a. Other Officers and Employees—That such 
other officers and employees of the department as shall be 
allowed by the Mayor and City Council shall be appointed 
by the Mayor and shall receive such monthly salaries as the 
Mayor and City Council may allow, and shall perform such 
duties as may be imposed upon them by the ordinances or as 
they may be directed to perform by the City Engineer or by 
the Mayor or by the City Counctl. (Id., Sec. 11.) 


Sec. 232b. Bonds May Be Required of Other Officers, 
Etc.—That the City Engineer and Mayor may require any 
officer or employee of the Engineering Department handling, 
receiving or collecting moneys belonging to the City of Hous- 
ton, or received by it, on deposit, to execute and deliver to 
the City of Houston a bond in such sum as they may deem 
proper, payable to said City of Houston, with at least three 
(8) good and sufficient sureties or a surety company author- 
ized to do business in Texas, to be approved by the Mayor, of 
like tenor, terms, effect, provisions and conditions as are pro- 
vided for in the case of the City Engineer, and a further 
condition giving the City Engineer the right to maintain suit 
thereon in the event of a recovery against him on his official 
bond, or the payment by him of moneys to the city on account 
of the act of such officer or employee. (Id., Sec. 12.) 


of the City of Houston 103 


ARTICLE 3. 
SURVEYS, SUBDIVISIONS, ETC. 


Sec. 234. Established Monuments—lIt shall be the duty of 
the Civil Engineer to ascertain the established monuments of 
the city survey, and from thence to extend the surveys of the 
city, and from thence to locate, establish and survey all pri- 
vate property and streets, when called upon or required so to 
do. (Code 1904, Art. 170.) 


Sec. 235. Original Surveys Recognized—The original 
plan and survey, known and designated as the A. C. & J. K. 
Allen survey, as far as marked by actual measurements, and 
so far as revised, re-established and determined by the sur- 
veys of W. H. Griffin, C. E., under and by resolutions of the 
City Council of the City of Houston, shall be and is hereby 
affirmed and established as the true city survey of the City 
of Houston. The theory and survey and plat, as marked on 
W. E. Woods’ map, as to the dimensions of lots and blocks, and 
widths of streets, is also confirmed in each and every partic- 
ular. (Id., Art. 171.) 


Sec. 236. To Make Surveys—Whenever called upon by 
any owner, agent or lessee of any property within the city 
to survey limits or boundaries, said City Engineer shall, as 
soon as practicable, proceed to make the required survey, 
measuring from the nearest established monument or initial 
point. Said City Engineer shall also establish such other 
monuments or initial points at the intersection of such streets 
as may be deemed necessary, to remain as permanent monu- 
ments for future reference and guidance, and make a full and 
complete record of the same in the books of his office. Said 
monuments or initial points so established shall not be altered 
or disturbed by any person or persons, under a penalty of 
not less than Fifty Dollars ($50.00). (1Id., Art. 173.) 


Sec. 237. City Engineer Shall Fix Property Lines—It 
shall be the duty of the City Engineer, when any person desir- 
ing to construct any improvement shall make application for 
a permit to make such improvement, to make a correct survey 
of the property and to fix the lot and block lines of the same, 
and furnish to such applicant a certificate of such survey, 
which certificate shall be presented to the Mayor for his ap- 
proval, and the fee as hereinafter fixed shall be charged for 
such survey. (lId., Art. 183.) 


104 Revised Code of Ordinances 


Sec. 238. No Existing Lines to Be Changed; Except—In 
no case shall the existing lines be changed or altered, except 
upon survey by the City Engineer. This and the preceding 
section intend only to refer to that portion of the lot or block 
that fronts on the streets or avenues, and the front lines only 
to be established by the City Engineer. (Id., Art. 184.) 


Sec. 239. Map and Profile for Right of Way—No right 
of way over any of the streets within this city shall be granted 
to any railway company unless a map and profile of the grades 
along the streets named shall accompany the application and 
ordinance; and it shall be the duty of the City Engineer to 
inspect any and all such maps and profiles, and report the re- 
sult of his investigation as soon thereafter as possible to the 
City Council, and no right of way shall be granted until such 
examination shall be made and reported upon, in order to bet- 
ter protect the rights of property owners along the several 
streets; provided, that there shall be no costs attached to the 
city. (Id., Art. 185.) 


Sec. 240. No Tracks Shall Be Laid Without Permit—No 
steam railway or street railway company shall lay down ad- 
ditional tracks within the limits of the city without a special 
permit from the City Council being first had and obtained. 
It shall be the duty of the City Engineer to examine and 
report on such application as to the advisability of granting 
said special permit. (Id., Art.186.) 


Sec. 241. City Engineer to Report Improvement to As- 
sessor and Collector—Upon the granting of a permit, the City 
Engineer shall immediately furnish the City Assessor and 
Collector an abstract thereof, showing the location (giving lot 
and block) of the improvement, and the estimated cost. (Id., 
Art. 187.) 


Sec. 242. Penalty for Improvement Without Permit— 
Any person, firm, corporation, trustee or receiver, who shall 
make, or cause to be made, any such improvement, building, 
alteration or repairing mentioned in preceding section, with- 
out having obtained such permit, shall, on conviction, be fined 
in a sum not less than Twenty-five ($25.00) Dollars nor more 
than One Hundred Dollars ($100.00). (Id., Art. 188.) 


Sec. 243. Maps, Etc.; Property of City—That all maps, 
plans, profiles, field notes, estimates and other memoranda of 
surveys and other professional work made or done by the City 
Engineer, or under his direction or control, during his incum- 


of the City of Houston 105 


bency of the office, shall be the property of the City of Hous- 
ton. © .¢id., Sec. 72) 


Sec. 244. Fees of City Engineer—The City Engineer is 
hereby authorized to charge for all work performed for private 
parties as follows, viz: For survey of one lot, five dollars; 
for survey of two lots adjoining each other, six dollars; for 
survey of all lots over five, one dollar and twenty-five cents 
additional; for survey of an entire block, with subdivisions, 
when owned by one person, seven dollars and fifty cents, which 
fees shall belong to the City of Houston. (Id., Art. 178.) 


Sec. 245. Fees to Be Paid to the City Assessor and Col- 
lector—The fees provided for in Section 244 shall be paid to 
the City Assessor and Collector in advance, by the person, 
company or corporation desiring the survey, and said City 
Assessor and Collector shall thereupon issue to said person, 
firm or corporation a receipt therefor, showing therein the 
lot or lots, block or blocks, for which survey fees have been 
paid. Upon notice from the Assessor and Collector to the 
City Engineer that the fees have been paid, he shall proceed 
to make said survey and issue a survey certificate as soon as 
‘practicable thereafter, and thereupon the applicant shall sur- 
render to the City Engineer the receipt for fees issued by 
- the Assessor and Collector. (ld., Art. 179.) 


Sec. 246. Blank Forms—Blank forms will be prepared by 
the City Controller for the use of the City Engineer and City 
Assessor and Collector, with which to comply with the provi- 
sions of this chapter. (Id., Art. 180.) 


Sec. 247. Subdivision of Property—All property not sub- 
divided into lots, blocks and streets within the City of Hous- 
ton shall hereafter be laid out under the direction of the City 
Council, or subject to its approval, and no other subdivisions 
will be recognized by the city. (Id., Art. 174.) 


Sec. 248. Regulating the Laying Out, Subdividing and 
Platting of Land Into Lots, Blocks and Streets, Within the 
City of Houston—lIt shall be unlawful for any owner, or the 
agent for any owner, to lay out, subdivide, or plat any land 
into lots, blocks and streets, within the City of Houston, Har- 
ris County, Texas, or to sell property therein and thereby, 
which has not been laid off, subdivided and platted to con- 
form to the lots, blocks and streets abutting the same, and 
which plat and subdivision has not been approved by the City 
Engineer of the City of Houston, and the dedication of the 


106 Revised Code of Ordinances 


streets therein contained, accepted by the City Council of the 
City of Houston, and a correct map of the same filed in the 
office of the City Engineer of the City of Houston.  (ld., 
Art. 175.) 


Sec. 249. Restricting the Officers or Employees of City— 
It shall be unlawful for any officer or employee of the City of 
Houston to do, or cause to be done, any work upon any street, 
in any addition or subdivision to said City of Houston, laid 
off, platted, or subdivided since the passage of this and the pre- 
ceding section, unless all the requirements have been complied 
with by the owner of said addition or subdivision. (Id., 
Art. 176.) : 


Sec. 250. Penalty—Any person, firm, corporation, trustee 
or receiver violating any provision of the next preceding three 
sections shall, upon conviction, be fined in any sum not less 
than twenty-five dollars, nor more than two hundred dollars, 
and each week’s failure to obtain the approval of the City 
Engineer of said subdivision or plat, and the acceptance of 
the dedication of. the streets therein by the City Council of 
the City of Houston, shall constitute a separate offense. (Id., 
Art. —.) . 


of the City of Houston | 107 


CHAPTER XVI. 


Explosives, Inflammables, Etc. 


Article 1.—Nitro Cellulose Films. 
2.—Gasoline and Other Volatile, Inflammable 


Liquids. 
3.—Calcium Carbide. 
4.—Oil. 


5.—Miscellaneous. 


ARBICEHeE. 
NITRO CELLULOSE FILMS. 


Sec. 251. Film Exchanges Must Comply With Require- 
ments of Ordinance—That it shall be unlawful for any per- 
son, firm or corporation to own or operate a motion picture 
film exchange in the City of Houston and handling or storing 
in connection therewith any nitro cellulose films, unless such 
persons, firms or corporation shall strictly comply with all the 
requirements of this article. (Nov. 19, 1913; Ord. Bk. 38, 
DiooUs ec. 1) 


Sec. 252. Storage—(a) Each reel of film shall be kept 
in a separate metal box with tight fitting cover, except when 
the same is being repaired, and immediately after the con- 
clusion of such examination or repair shall be replaced in said 
metal box. 


(b) Each reel of film kept by the owners of said exchange 
for purposes of storage, sale or exchange shall be stored in 
standard fireproof vaults, or in standard fireproof safes, as 
hereinafter described. (lId., Sec. 2.) 


Sec. 253. Vaults in Buildings of Non-F ireproof Construc- 
tion—Vaults for the storage of nitro cellulose films in build- 
ings of non-fireproof construction shall have self-supporting 
brick walls, not less than twelve inches in thickness, laid in 
cement and extending upwards from the ground. The top of 
each vault so constructed shall be water-proof and shall be 
made of brick or concrete arches of the same thickness as the 
walls thereof; provided, that arches may be sprung between 
steel beams if the latter have standard protecting covers and 
no wood top flooring is used; the size of said vaults shall not 


108 | Revised Code of Ordinances 


exceed 750 cubic feet. All openings into said vaults shall be 
protected on the outer side of the walls with standard vault 
iron doors at least three-sixteenths (3/16-in.) of an inch thick 
and made smoke-proof by closing against a rabbet at top and 
bottom and one side, the hinge side door to close into a groove; 
the doors and wall frames to be of equivalent construction of 
standard iron fire door, vault pattern; and on the inner side 
of the wall shall be protected by an iron door of at least 
No. 14 U. S. gauge. The fixtures inside said vaults shall be 
of incombustible material. No lights other than stationary 
vapor proof incandescent electric lamps properly guarded shall 
be installed inside, and the switch shall be outside of said vault 
and provided with a pilot light or other indicator. No heat 
shall be permitted in said vault. 

(b) Vaults in Fireproof Buildings—In fireproof build- 
ings having standard protection on the steel or other fire- 
proof frame work vaults may be carried on the structure from 
floor to floor. The walls of vaults constructed in fireproof 
buildings shall be of brick not less than eight (8) inches in 
thickness, or of hollow tile not less than twelve (12) inches in 
thickness laid in cement. The size of said vaults shall not ex- | 
ceed 750 cubic feet. The tops and bottoms of said vaults shall 
be water-proof and made of brick, tile or concrete at least 
eight (8) inches in thickness, and in all other respects shall 
comply with specifications for vaults in buildings: of non- 
fireproof construction. (Id., Sec. 3.) 


Sec. 254. Safes—In case the persons, firms or corpora- 
tions owning or operating motion picture film exchanges and 
handling or storing nitro cellulose films in connection there- 
with shall prefer to store the same in safes instead of the 
vaults hereinbefore provided for, said safes shall comply with 
the following specifications: 

The capacity thereof shall not exceed 150 cubic feet; said 
safes shall have an angle iron frame continuous at all edges; 
said angle iron to be at least one-quarter by two (14x2) inches 
and for large sized safes increased proportionately. On safes 
larger than forty (40) inches high and thirty (30) inches wide 
and thirty (30) inches deep, an additional stiffening of heavy 
steel at least 14-inch thick and of width proportioned to size, 
but never less than two inches shall be used at top, bottom 
and sides thereof. All sheet steel plates on said safes shall be 
not less than No. 12 U. S. gauge for the outer shell and not 
less than No. 14 U. S. gauge for the inner shell. The filling 
shall be of cement concrete not less than five and one-half 


of the City of Houston | 109 


— 


inches thick, except that the doors may have four inches of 
_concrete and a two-inch sealed air space; which space may be 
used for lock and bolts. The doors shall have stepped sides 
so as to be smoke-proof. No cast iron to be used in the con- 
struction of the safe, except such parts as casters, hinges and 
flanged door frames. (ld., Sec. 4.) 


Sec. 255. Ventilation of Vaults and Safes—All vaults 
and safes used for the storage of nitro cellulose films shall be 
ventilated with outside air by an opening having a sectional 
area of at least fifty square inches; provided, that if the size 
of said vault or safe is less than 150 cubic feet said vent may 
have a sectional area of 12 square inches. The vent pipes 
shall be all metal, not less than No. 18 U. S. gauge in thick- 
ness, and shall be so arranged as not to expose other property ; 
whether the same be an adjoining building or fixtures used 
in connection with said exchange or the building in which 
such exchange is located, and the same shall be shielded from 
the weather and provided with a wire screen of not larger than 
one-fourth inch mesh. (Id., Sec. 5.) 


Sec. 256. eae and Repairing—(a) The examina- 
tion and repair of all nitro cellulose films kept or owned in 
motion picture film exchanges for purposes of storage, sale or 
exchange shall be done only in a room having outside ventila- 
tion and separated from the balance of the building in which 
it is contained by tight partitions of incombustible material, 
with doors at. openings; said partitions and doors to contain 
no glass other than wired glass. 

(b) No room used for the examination or repair of said 
nitro cellulose films shall be used for the handling or storage 
of any other combustible material. 

(c) The number of films under examination or repair 
in a room used therefor shall at no time exceed ten, and all of 
said films not actually being examined or repaired shall re- 
main or be kept in the metal boxes hereinbefore provided for. 

(d) Reels containing films under examination, or in proc- 
ess of rewinding, shall be inclosed in magazines similar to. 
those required on motion picture machines. (Id., Sec. 6.) 


Sec. 257. Waste Cans—Standard metal waste cans shall 
be provided in all rooms where repairing of films is done, the 
number thereof to be in accordance with the number of em- 
ployees doing said repair work in each room of said exchange. 
All scrap or waste from the films under repair shall be kept 
in said cans and removed from the building daily to a safe 


110 Revised Code of Ordinances 


location or destroyed, at the option of the owner of said ex- 
change, and all such waste shall be kept separate from paper 
waste and other rubbish, so that said cans shall be used exclu- 
sively for receiving any scraps or waste from said repairs 
aforesaid. (Id., Sec. 7.) 


Sec. 258. Cement—No compound of collodion and amyl- 
acetate or similarly inflammable cements used in the repair 
of said films shall be kept or stored in the room or rooms in 
which said repair work is done in larger quantities than one 
quart; provided, that if larger quantities of said compound of 
collodion and amylacetate or similar cement shall be desired 
to be kept in said exchange then the same shall be stored in 
metal cans in the vaults or safes hereinbefore provided for. 
(Id., Sec. 8.) 


Sec. 259. Lighting—No lights other than stationary vapor 
proof incandescent electric lamps, properly guarded, shall be 
installed in any room in said exchanges used for the purpose 
of examination or repair of nitro cellulose films, and the in- 
stallation of said lights shall be governed by the ordinances of 
this city. (1d., Sec. 9.) 2 | 


Sec. 260. Heating—No room in any motion picture film 
exchange used for the purpose of examination or repair of 
nitro cellulose films shall be heated, except by hot air, hot water 
or steam, and metal shields or screens shall be provided to pre- 
vent said films from coming in contact with radiators or heated 
pipes, and no hot air floor registers to be used. (Id., Sec. 10.) 


Sec. 261. Smoking—lIt shall be unlawful for any person 
to smoke in any room containing films, and signs shall be 
posted in any room so used calling attention to this section. 
(Id., Sec. 11.) 


Sec. 262. Fire Protection—Each room in any motion pic- 
ture film exchange, used for the purpose of examination or 
repair of nitro cellulose films or in which is a vault or safe for 
the storage thereof, shall be equipped with at least two three- 
gallon hand fire extinguishers, which shall be approved by the 
Fire Marshal, and each vault used for the storing of said films 
shall be provided with at least one pail of water and one pail 
of sand conveniently kept for use in case of fire. (Id., Sec. 12.) 


Sec. 263. Penalty—Any person, firm or corporation who 
shall violate any of the provisions of this article or who shall, 
after thirty days’ notice in writing by the Fire Marshal, fail 
to provide the vaults or safes herein provided for, shall be 


of the City of Houston 111 


deemed guilty of a misdemeanor, and upon conviction thereof, 
shall be fined not less than Five nor more than One Hundred 
Dollars. (Id., Sec. 13.) 


Sec. 264. Failure to Comply With, a Nuisance—And in 
the event the person, firm or corporation owning and operat- 
ing a motion picture film exchange which does not comply 
with this article, shall fail or refuse after thirty days’ notice 
in writing by the Fire Marshal so to do, said exchange shall be 
declared a nuisance by the Fire Marshal, and proper steps 
shall be taken to abate the same as a nuisance, which penalty 
shall be cumulative of and in addition to the fine provided for 
in this article. (Id., Sec. 14.) 


ARTICLE 2. 
GASOLINE AND OTHER VOLATILE, INFLAMMABLE LIQUIDS. 


Sec. 265. Unlawful to Store Gasoline, Etc.—It shall not 
be lawful for any person, firm or corporation to keep, store or 
handle gasoline, or other volatile, inflammable liquids, except 
upon compliance by the said person, firm or corporation with 
the following provisions of this article. (May 15, 1911; Ord. 
Bk. 3, p: 31, Sec. 1.) 


Sec. 266. Tanks, How Constructed, Etc.—All tanks shall . 
be installed outside of the building under ground and not less 
than two (2) feet long below the surface, entirely surrounded 
by earth well tamped in place, and the top of the tank must 
be below the level of the lowest pipe line in the building used 
in connection with the equipment. (b) If impracticable to 
locate storage tanks outside of the building they may be buried 
three (3) feet below the level of the basement floor imbedded 
in the earth, and covered by at least three (8) feet of earth and 
concrete. (c) All tanks of 560 gallons or under shall be 
made of at least twelve (12) gauge galvanized steel or at 
least 14-inch black open hearth tank steel. All tanks exceed- 
ing 560 gallons capacity shall be made of 3/16-inch galvanized 
steel or 14-inch black open hearth tank steel. All tanks made 
of galvanized steel must be carefully riveted and soldered, and 
coated on the outside with tar or other rust-resisting materials. 
All tanks made of black steel must be carefully riveted and 
caulked, and coated on the outside with tar or other rust-resist- 
ing materials. 


No tanks shall have openings or pipe connections except on 
the top thereof and shall be properly vented and shall not be 


112 Revised Code of Ordinances 


connected either directly or indirectly with any public or pri- 
vate sewer, drain, catch-basin or pit. (d) Filler pipes must 
be made of galvanized iron pipe, two inches or more in diam- 
eter, entering at the top of the tank and extending to the bot- 
tom of the same. The upper end of said filler pipe must ter- 
minate in a screw cap securely locked. Where tanks are lo- 
cated under the building the filler pipe must run to the out- 
side of the building and terminate in a screw cap; same to 
be securely locked. Where filler pipe runs to the sidewalk or 
to an alley or public way, it must terminate in a screw cap 
securely locked and protected by a cast iron filler box, the 
same to be flush with the sidewalk or alley. The cover of the 
said filler box to be securely locked. (e) Tanks located in 
or within ten (10) feet of any building shall be provided with 
a l-inch diameter, or larger, galvanized iron vent pipe, same 
to be connected to the top of such tank. Connection at the 
tank to be provided with a brass wire screen of at least 30 
mesh. The vent pipe must be carried up to at least four feet 
above the roof of said building, and terminate in a double 
gooseneck spark protector, both openings of which must be 
covered with a brass wire screen of at least 30 mesh. (f) 
Pipe connecting the tank with the pump must be of galvanized 
iron and must enter top of tank. Said pipe must be buried 
at least 18 inches below the surface and any exposed portions 
thereof must be thoroughly and properly protected. This con- 
nection pipe must not be lower at any point than where same 
leaves tank. (Id., Sec. 2.) 


Sec. 267. How Drawn From Tank—All gasoline must be 
drawn from tank: by means of an improved suction pump or 
pumps, which shall have a shut-off valve with ground key on 
the nozzle, and an automatic check valve between the pump:and 
the nozzle. In no case shall there be a return of waste pipe to 
the tank. (ld., Sec. 3.) 


Sec. 268. How Pumped Inside Building—Where gasoline 
is pumped inside the building, lighting shall be done by in- 
candescent electric lights, with all electric switches and cut- 
offs permanently located at least four inches above the floor. 
(Id., Sec. 4.) | 


Sec. 269. How Stored; Pumps—(a) No gasoline or oth- 
er volatile, inflammable liquids shall be kept in any building 
except when stored or handled in self-closing safety contain- 
ers or in portable filling tanks. (b) When self-closing safety 
containers are used for the storing or handling of gasoline, or 


of the City of Houston 113 


other volatile, inflammable liquids, not more than five (5) 
gallons of other volatile, inflammable liquids shall be kept in 
any building, and the self-closing containers must be made 
of metal and must be of approved construction, and must be 
of capacity not to exceed five (5) gallons. 


(c) When filling tanks are used for the-storing or han- 
dling of gasoline or other volatile, inflammable liquids the con- 
tainers must be of capacity not to exceed fifty (50) gallons, 
and must be of at least 3/16-inch tank steel, and must be of 
approved construction. The said portable tanks shall be sup- 
ported on all-steel wheels, not less than 30 inches in diameter, 
the same being equipped with rubber tires, and the tank must 
be provided with an approved all-metal suction pump. This 
pump to be provided with a hose attachment, and the hose 
must not exceed eight (8) feet in length. The pump must be 
equipped with an improved ground key shut-off cock where 
hose is attached to pump, also with improved ground key shut- 
off cock at end of hose. Pump must be equipped with a éon- 
venient lock, and the same must be locked when not in use. 
(Id., Sec. 5.) ; 


Sec. 270. Sand Shall Be Kept, Etc.—There shall be con- 
stantly kept and maintained convenient receptacles filled with 
sand to be used in absorbing waste oil on the floor. In addi- 
tion to this, sand shall be kept in boxes provided with hand- 
scoop to be used for fire extinguishing purposes only. (ld., 
Sec. 6.) 


Sec. 271. Unlawful to Smoke in Room, Etc.—lIt shall be 
unlawful for any person to smoke in any room in which gaso- 
line or other volatile, inflammable liquids are kept, and for the 
manager or other person in charge of any building in which 
gasoline or other volatile, inflammable liquids are kept to allow 
smoking therein. (Id., Sec. 7.) 


Sec. 272. Penalty—Any person, firm or corporation who 
shall violate any of the provisions of this article shall be 
deemed guilty of a misdemeanor, and upon conviction thereof 
in the Corporation Court shall be fined not less than Five Dol- 
lars ($5.00) nor more than Two Hundred Dollars ($200.00). 
(Id., Sec. 8.) 


ARTICLE 3. 
CALCIUM CARBIDE. 


Sec. 273. Unlawful to Store Calcium Carbide, Etc.—That 
it shall be unlawful for any person, firm or corporation to 


114 Revised Code of Ordinances 


keep or store calcium carbide within the City of Houston, un- 
less the following conditions are complied with: Calcium car- 
bide shall be confined in a can or drum made of metal, the 
seams of which must be lochedinted, air and water-tight, with- 
out the use of solder. Such container must be provided with 
a screw top, or.its equivalent, made of sufficient strength to 
insure handling without rupture, and must be kept free from 
moisture and conspicuously marked “Calcium Carbide—keep 
dry.” (Nov. 7, 1910; Ord. Bk. 3, p. 14, Sec. 1.) | 


Sec. 274. Method, Manner and Place of Storage—All 
such packages of calcium carbide, of whatever capacity, when 
stored in quantities of not exceeding 100 pounds, shall be sup- 
ported upon blocks or legs, or placed or piled upon racks of 
sufficient strength to support the same, and so constructed as 
to elevate and sustain said packages at least six inches above 
the floor of the building. When calcium carbide is kept or 
stored in the City of Houston, it must be in a building used 
exclusively for that purpose, and the floor of said building 
upon which the calcium carbide rests shall be at least six inches 
above the actual level of the street upon which, nor near which, 
said building is located. Provided, that calcium carbide shall 
never be stored in any public or private warehouse or in any 
building where other materials or things are stored. (ld., 
Sec. 2.) 


Sec. 275. Buildings Fireproof, Etc.—All buildings used 
for the storage of calcium carbide shall be fireproof, well ven- 
tilated and without artificial light or heat, and shall be kept 
thoroughly dry, and shall be detached from any other building 
and at least fifty feet from any other building. (Id., Sec. 3.) 


Sec. 276. Buildings for Storage to Be Marked—AlIl build- 
ings used for the storage of calcium carbide, pursuant to the 
provisions of this article, shall be conspicuously marked with 
the words “Calcium Carbide,” on all four sides, so that the 
Fire Department may avoid throwing water thereon. (ld., 
Sec. 4.) 


Sec. 277. Penalty—Any person who violates any of the 
provisions of this article shall be guilty of a misdemeanor, and 
upon conviction thereof shall be fined in any sum not less 
than Ten Dollars ($10.00) nor more than Two Hundred Dol- 
lars ($200.00). (Id., Sec. 6.) 


of the City of Houston L15 


ARTICLE 4. 
OIL. 


Sec. 278. Dimensions for Storage Tanks—Tanks for stor- 
age of fuel oil in the City of Houston shall be constructed of 
three-sixteenths (3/16) inch or heavier galvanized iron or 
black steel, or may be built of brick, cemented and lined with 
paraffine, but in either case shall be under ground and shall 
have manhole, with cover, same being vapor proof. (Code 
1904, Art. 900.) 


Sec. 280. Tanks Not to Be Filled Over 98 Per Cent of 
Capacity—No tank shall be filled in excess of ninety-eight 
(98) per cent of its total capacity, two (2) per cent being 
allowed for the expansion of oil. Filling pipe to be perfectly 
sealed, except when used in filling, and such tank shall have a 
gas-tight manhead on top; overflow pipe from pump, standpipe 
or accumulator to storage tank to have a capacity one and 
one-half times the inside diameter of oil pump suction pipe. 
(Id., Art. 901.) | 


Sec. 281. Tanks Shall Have Indicators, Etc.—An indi- 
cator shall be attached to each such tank, and shall be of two 
(2) inch pipe screwed into flange riveted on manhead and 
extending down inside tank to a point two (2) inches from the 
. bottom. Gauge pole to stand inside this pipe. The suction to 
pump shall be at least four (4) inches above bottom of tank. 
A two-inch vent pipe, covered at top with copper gauze, shall 
extend ten (10) feet above tank; if tank is within fifty (50) 
feet of a building, the vent pipe shall extend at least six (6) 
feet above roof of such exposure. In this case, vent pipe may 
be laid underground from tank to building, and run up wall 
outside. A free steam pipe not less than one (1) inch in diam- 
eter shall connect boilers with top of storage tank, to permit 
at all times filling space above the oil with steam, in case of 
fire in tank or in exposing property. If the tank is wholly or 
in part above ground, it shall be located at least one hundred 
(100) feet from any building or other exposure. Such tank 
shall be placed in such position that its contents, if released 
from any cause, will not flow towards any building or other 
combustible property, and should be enclosed in a substantial 
brick vault and earth embankment, forming a reservoir of suf- 
ficient-capacity to hold double the contents of tank. Indicating 
or gauging of storage tanks in a manner that requires the 


116 Revised Code of Ordinances 


removing of manhole cover, or the inserting of gauge poles, 
is prohibited. (Id., Art. 902.) 


Sec. 282. Must Have Syphon Pump—A syphon should be 
arranged in connection with every such tank, to carry off seep- 
age or leakage in reservoir, and discharge same outside, where 
its burning shall not endanger property. (ld., Art. 903.) 


Sec. 283. If Tank is Underground, How Located—If any 
such tank is wholly underground it shall be located not less 
than three (3) feet from the foundation of any building in 
which crude oil is to be burned, and the top of the tank shall 
be buried at least two (2) feet below the established grade 
of the ground. In every case the tank shall be so placed that 
the highest point in the oil supply shall be at least two (2) feet 
lower than the furnace where the oil is to be burned, or con- 
verted for burning. 


That the oil tanks will be allowed outside of the buildings 
‘or under the sidewalks. (Amendment Art. 904, May 13, 1913; 
Ord. Bk. 3, p. 340, Sec. 1.) 


Sec. 284. Oil, How Conveyed—Conveying of oil from any 
such tank to furnace shall be by artificial pressure or suction, 
whether by pump, vacuum or other means that will accomplish 
the purpose. Feeding oil by gravity pressure or by other 
means from a storage supply higher than the furnace is hereby 
prohibited ; provided, that oil may be fed to burners at furnace 
under a maximum pressure of ten (10) pounds to the square 
inch from an iron standpipe having a maximum capacity of 
ten (10) gallons, located outside of all buildings, and supplied 
from storage tank by pump while oil is being conveyed to 
furnace. If pump is used for pumping oil to burners, there 
must be a governor to regulate the pressure automatically, and 
if pumping into standpipe, there must be attached a float for 
regulating the height of oil (standpipe meaning tank of which 
the top is open, not holding pressure). (Code 1904, Art. 905.) 


Sec. 285. Standpipes; How Anchored—The standpipe of 
each tank shall be securely anchored to foundation, and shall 
have an overflow pipe (with capacity one and one-half times 
the inside diameter of oil pump suction pipe) to storage tank, 
and shut-off cock where supply pipe leaves standpipe for 
burners. (ld., Art. 906.) 


Sec. 286. Oil May Be Fed to Burners from Iron Accumu- 
lator—Provided, further, that oil may be fed to burners at 
furnace from an iron accumulator or air chamber, having a 


of the City of Houston LT 


maximum capacity of ten (10) gallons, located outside all 
buildings and supplied from storage tank by pump while oil is 
being conveyed to furnace. The accumulator shall be securely 
anchored to foundation, and shall have a relief valve and over- 
flow pipe (with capacity one and one-half times the inside 
diameter of oil pump suction pipe) to storage tank, and shut- 
off cock where supply pipe leaves accumulator for burneys. 
(Id., Art. 907.) 


Sec. 287. Regulations Governing the Storage of Crude 
and Manufactured Fuel Oil, and the Erection and Location 
of Oil Storage Tanks in the City of Houston—As it will be 
necessary to have large storage tanks in the city hHmits to 
supply oil, such storage tanks shall be placed underground 
and covered with earth. But if such storage tanks be placed 
above ground, or partly above ground, they shall be located 
at least two hundred and fifty (250) feet from any combustible 
property, and securely walled in by a brick wall and earth em- 
bankment, forming a’ reservoir of sufficient capacity to hold 
double the contents of tank, and a syphon shall be arranged 
to carry off any seepage or leakage in reservoir, and discharge 
same outside, where its burning would not endanger property ; 
but no storage tank shall be of greater capacity than ten thou- 
sand (10,000) barrels, of forty-two (42) gallons to the barrel, 
and no two of such tanks shall be built or used within two 
thousand feet of each other. And those tanks shall be made 
of material and design that will withstand five times the pres- 
sure caused by a head of oil equal to the height of the tank. 
(Id., Art. 908.) 


Sec. 288. Permits for Overground Tanks—No permit 
shall be granted for any overground tank within 250 feet of 
the bank of either Buffalo Bayou or White Oak Bayou. (Id., 
Art. 909.) 


Sec. 289. Persons Desiring to Use Fuel Oil Must Procure 
Permit—Every person or corporation desiring to use either 
crude or manufactured fuel oil shall procure a permit from the 
City Engineer before putting in or installing his or its plant, 
and ‘it shall be the duty of the Chief of the Fire Department to 
see that the plant complies with all of the above regulations 
before being used. (Id., Art. 910.) 


Sec. 290. Penalty—Any person, firm, corporation, trus- 
tee or receiver who shall construct or maintain any tank or 
other structure not in compliance with Sections 278 to 289, 


or who shall keep fuel oil in the same, or who shall keep any 
15 ! 


118 | Revised Code of Ordinances 


fuel oil tanks, or like receptacles, for the. purpose of using, 
holding or selling same, or otherwise violating any provisions 
of said sections, shall be fined in any sum not less than Ten 
Dollars ($10.00) nor more than One Hundred Dollars 
($100.00), and an additional fine of Five Dollars ($5.00) shall 
be assessed against the owner, proprietor or manager of any 
oil tank for every day such tank or structure, not constructed, 
maintained or used in accordance with the above, shall remain 
in tuse.ter( 1d.) Artists) 


Sec. 291. Wagons Must Have Buckets to Catch Drippings 
from Tanks—Every wagon or vehicle selling or delivering 
kerosene, refined or crude oil from tanks shall provide a bucket 
or other receptacle to catch the drippings from said tanks. 
(Id., Art; 291-) 


Sec. 292. Penalty for Dripping Oil on Asphalt Streets— 
Every owner or driver, or employee of such owner or driver, 
who shall drive or have driven a wagon or other vehicle with 
tank for selling or delivering kerosene, refined or crude oil 
within the limits of the City of Houston, without having at- 
tached thereto a bucket or other receptacle in such position 
that it catches all the drippings of oil from said tanks, or who 
shall negligently spill any oil on the streets of Houston that 
are or may be paved with asphalt, shall be fined not less than 
Five Dollars ($5.00) nor more than Twenty-five Dollars 
($25.00). (Id., Art. 292.) 


ARTICLE 5. 
MISCELLANEOUS. 


Sec. 293. Gunpowder May Be Kept—It shall be unlawful 
for any: person to keep in any store, dwelling, building or 
other place within the City of Houston, gunpowder exceeding 
in quantity twenty-five pounds. (Code 1904, Art. 323.) 


Sec. 293a. Must Be Kept in Tin or Metal Canisters— 
When gunpowder is kept by retailers or venders, the same shall 
be kept in tin or metal canisters with good and closely fitting 
covers thereon. (Id., Art. 324.) 


Sec. 294. Shall Not Be Stored in City Without Consent of 
Council—Gunpowder, giant powder, or dynamite, or kerosene 
oil, gasoline or other such oils, in greater quantity than may 
be determined by the Fire Committee and Chief of the Fire 
Department, shall not be stored in any place within the city 
limits without the consent of the City Council first had, upon 


of the City of Houston | 119 


recommendation of the Chief of the Fire Department, under 
penalty of a fine of not less than Fifty Dollars ($50.00) nor 
more than One Hundred Dollars ($100.00). (Id., Art. 325.) 


Sec. 295. Mode of Conveyance—No person shall carry 
gunpowder, giant powder, or dynamite or blasting powder, on 
any vehicle in any part of the city, unless the same shall be 
sufficiently well secured to prevent accident therefrom. (lId., 
Art. 326.) 


Sec. 296. Nitro-Glycerine—Nitro-glycerine shall not be 
conveyed through or stored in the City of Houston under any 
circumstances. (Id., Art. 327.) 


Sec. 297. Unlawful to Bring Into the City Concealed Ex- 
plosives—lIt shall be unlawful for any person knowingly to 
bring within the corporate limits of the city any quantity of 
giant powder, gunpowder, or dynamite, or blasting powder, 
concealed in any manner, or marked in any names, or pur- 
porting to be other than gunpowder, giant powder or blasting 
powder. (ld., Art. 328.) 


Sec. 298. Penalty—Any person who shall violate any of 
the provisions of this article, where other penalty is not pro- 
vided, must be fined not less than Twenty-five nor more than 
One Hundred Dollars. (Id., Art. 329.) 


Sec. 299. Where Cotton May Be Stored—That it shall 
not be lawful to store or keep any cotton within the corporate 
limits of said city in any building or place except in ware- 
houses established and recognized by the city authorities as 
warehouses for the storage of cotton. (lId., Art. 330.) 


Sec. 300. Must Be Guarded; Smoking Prohibited—It 
shall be the duty of all warehouse men, in storing cotton or 
other inflammable material, to have their warehouses properly 
guarded, day and night; to allow no fire to be made therein, 
and to prohibit the smoking of pipes or cigars in or about such 
warehouses at any time. (Id., Art. 331.) 


Sec. 301. Unlawful to Erect Buildings Without Consent— 
It shall be unlawful to erect, build or use any storehouses or 
private building within the corporate limits of the city for the 
storage of cotton, unless the consent of the Council has been 
previously obtained therefor. (Id., Art. 332.) 


Sec. 302. Penalty—Any person who shall keep or store 
cotton in violation of this article shall be fined in the sum of 
five dollars for every bale of cotton thus stored or kept for 


120 ’ Revised Code of Ordinances 


each and every day it shall remain contrary to the provisions 
of this article, and any person who shall make or keep any 
fire, or smoke any pipe or cigar in any warehouse shall be 
punished by a fine of Ten Dollars for each and every such 
offense. (lId., Art. 333.) 


Sec. 303. Duty of Chief of Police—lIt is made the duty of 
the Chief of Police to have all cotton kept or stored in violation 
of the provisions of this article removed to some warehouse at 
the expense of the owners or custodians of such cotton. (Id., 
Art. 334.) 


Sec. 304. Unlawful to Store Boxes, Etc., in Certain Places, 
Etc.; Penalty—That the storage of boxes, paper, tar, inflam- 
mable oils and other highly inflammable substances, in the 
back yards, about the premises or within buildings, in such 
manner and in such quantites as to endanger the destruction 
of property and life by fire, is hereby declared a nuisance, and 
the owner of such building or premises, the lessee or other 
person in charge thereof who shall maintain said premises in 
said dangerous condition twenty-four (24) hours after hav- 
ing been notified in writing by the Alderman in charge of the 
Fire Department, the Fire Chief, or other officer of said Fire 
Department, shall be guilty of an offense, and upon convic- 
tion thereof in the Corporation Court shall be fined in any 
sum not less than Five Dollars ($5.00) nor more than One 
Hundred Dollars ($100.00), and provided that each day said 
nuisance is maintained after notice as herein provided shall 
constitute a separate offense. (July 12, 1909; Ord. Bk. 2, p. 
516, Sec. 1.) 


Sec. 305. Buildings Not to Be Occupied as Dwellings 
Where Used for Storage of Certain Articles; Penalty—No 
building, of which any part is used for the storage of large 
quantities of hay, straw, shavings, inflammable oils or other 
highly combustible materials, shall be occupied in any part 
as a dwelling place for families or as a tenement or lodging 
house, and the owner of such building, or the lessee thereof, 
or any person in charge thereof who shall violate this section 
shall be deemed guilty of an offense, and upon conviction there- 
of in the Corporation Court shall be fined in any sum not less 
than Five Dollars ($5.00) nor more than One Hundred Dol- 
lars ($100.00). (Id., Sec. 2.) 


Sec. 306. Construction of Receptacles for Ashes, Etc.— 
That all receptacles for ashes, waste materials, and other sub- 
stances liable by spontaneous combustion or otherwise to cause 


of the City of Houston A 


a fire, shall be made of metal, brick or other non-combustible ° 
material, and shall be covered over tight by a non-combustible 
cover. (Id., Sec. 3.) 


Sec. 307. Inspection Houses and Premises; Duty Chief 
Fire Department; Penalty—It is hereby made the duty of the 
Chief of the Fire Department, or other officer of said Depart- 
ment, to inspect all houses and premises within the City of 
Houston, and to notify the owner, lessee or occupant thereof 
to remove therefrom within twenty-four (24) hours such in- 
flammable and highly combustible materials as, in his judg- 
ment, endanger said premises and the neighborhood thereof, 
and any tenant, lessee or owner failing and refusing to abate . 
such nuisances within twenty-four (24) hours after notifica- 
tion as herein provided shall be deemed guilty of an offense, 
and upon conviction thereof in the Corporation Court shall be 
fined in any sum not less than Five Dollars ($5.00) nor more 
than One Hundred Dollars ($100.00). (Id., Sec. 4.) 


Sec. 308. Carelessly Storing Hay, Straw, Etc.—Any per- 
son who puts or keeps, or causes to be put or kept, any hay, 
straw, fodder or shucks in any stack or pile without having 
the same enclosed or secured so as to be protected from sparks 
of fire, must be fined not less than One nor more than One 
Hundred Dollars. (Code 1904, Art. 638.) 


Sec. 309. Burning Trash, Shavings, Etc.—Any person who 
burns, or causes to be burned, any trash, shavings, straw or 
other combustible or inflammable substance in any street or 
yard, unless it be done in the day time and at least twenty 
feet from any building or lumber or wood yard, must be fined 
not less than One nor more than One Hundred Dollars. (Id., 
Art. 639.) 


122 Revised Code of Ordinances 


CHAPTER XVII. 
Fire Department. 


Sec. 310. Creation of; Duties Officers and Employees— 
That there is created a Fire Department, the officers and em- 
ployees of which are charged with the duty of preventing and 
extinguishing fires and conflagrations and preventing the loss 
of human life and property by fire, and such other duties as 
are now or may be hereafter imposed upon them by the Mayor 
or City Council or by the ordinances. (Feb. 25, 1914; Ord. 
Bk. 4, p. 199, Sec. 1.) 


Sec. 311. Composition of—The Fire Department shall 
consist of the Fire Commissioner, the Fire Committee of the 
City Council, a Chief of the Fire Department, a First Assist- 
ant Chief of the Fire Department, a Second Assistant Chief of 
the Fire Department, a Secretary, and such number of Cap- 
tains and Lieutenants, Engineers, Pipemen, Laddermen, Stok- 
ers, Privates, Drivers, Chauffeurs and Employees as the Mayor 
and City Council may provide or allow. (ld., Sec. 2.) 


Sec. 312. Direction and Control of; Executive Head— 
That said Department and its officers and employees shall be 
under the direction and control of the Mayor, the Fire Com- 
missioner and the Fire Committee of the City Council, and 
the Fire Commissioner shall be the executive head of the De- 
partment. (Id., Sec. 3.). 


Sec. 313. Creation of Officers of; Appointment; Quali- 
fication—That there is created the office of Chief of the Fire 
Department, First Assistant Chief of the Fire Department, 
Second Assistant Chief of the Fire Department, and -Secre- 
- tary; the Chief shall be appointed by the Mayor and confirmed 
by the City Council; each shall, before entering upon the dis- 
charge of his respective duties, take the constitutional oath of 
office; that the Mayor and City Council may require any or 
all of the Chiefs to execute bonds to the city, if it is deemed 
advisable, in such amounts as he or it may determine; that 
such Chief of the Fire Department shall have had at least two 
(2) years’ experience as a Fireman, and the First and Second 
Assistants shall have had at least two (2) years’ experience as 
a fireman. They shall keep their offices at the Central Fire 
Station or other place required by the Mayor and City Council, 


of the City of Houston 123 


and shall be considered to be on duty all the time; that all 
officers and employees of the Fire Department, except the 
Chief, shall be appointed and employed by the Mayor. (lId., 
Sec. 4.) 


Sec. 314. Chief, Etc., Attendance at Fires—That either 
the Chief of the Fire Department, or the First or Second As- 
sistants shall attend all fires happening in the city if it be with- 
in their power. (lId., Sec. 5.) 


Sec. 315. Chief Responsible for Conduct of—That the 
Chief of the Fire Department shall at all times be responsible 
for the conduct of the Fire Department.and shall have imme- 
diate control of the property belonging thereto. (Id., Sec. 6.) 


Sec. 316. Chief of, His Powers, Authority and Duties; 
Assistant Chiefs of, Authority—That the Chief of the Fire 
Department shall have sole and absolute control and command 
over all officers and employees connected with the Fire De- 
partment, and shall possess full power and authority over its 
organization, government, discipline, regulation and opera- 
tion, and to that end he may, with the approval of the Mayor 
and City Council and Civil Service Commission, prescribe and 
establish, from time to time, such rules and regulations as 
may be deemed advisable, covering such power and authority. 


He shall have custody of all of the fire stations and all of 
the property, equipment and apparatus belonging thereto. He 
shall examine into the condition of the fire stations, engines, 
equipment and apparatus, etc., of the Department, with suffi- 
cient frequency to keep himself fully advised concerning the 
same, and once in each year he shall make such an examina- 
tion and report the results thereof to the Mayor on or before 
the fifth day of March in each year. 

He shall also make a monthly report to the Mayor and Fire | 
Commissioner of all losses by fire that may have taken place | 
in the city during the preceding month, with the cause thereof, | 
as well as can be ascertained, and the number and description 
of buildings destroyed and injured. 

_He shall prepare and submit to the Mayor and Fire Com- / 
missioner, when required, an estimate of needed equipments 
and the cost of providing for the maintenance of the Fire 
Department during the ensuing fiscal year. 

He may, with the approval of the Mayor, suspend members 
of the Fire Department for insubordination or inattention to, 
or neglect of, duty, or violation of the ordinances or the rules 
and regulations of the Department until such member or mem- 


124 Revised Code of Ordinances 


pers have been permanently removed, discharged or reinstated, 
and during the time of such suspension, unless such officer or 
employee be reinstated without prejudice, he shall not be en- 
titled to the pro rata portion of his salary. 

He, or the Assistant or other officer in command, shall have 
power to cause the removal of the property of any citizen 
whenever it shall become necessary for the preservation of 
such property from fire, or to prevent the spreading of fire, 
or to protect adjacent property from loss by fire. - 

He, or the Assistant or other officer in command, may di- © 
rect .the firemen to cut down, remove or destroy any building, 
erection or fence belonging to any citizen for the purpose of 
checking the progress of any fire, and shall have power to 
blow up or cause to be blown up, with powder, or otherwise, 
any building or structure during the progress of any fire where 
it may be necessary for the purpose of extinguishing or check- 
ing the spread of fire. , 

He, or any Assistant or other officer, shall have power dur-— 
ing the progress of a fire, and for a reasonable time there- 
after, to arrest any person, suspected of incendiarism, or any 
person hindering or resisting the work of the firemen. He 
may arrest and place in jail any fireman or officer of the De- 
partment for failure to obey orders. (Id., Sec. 7.) 


Sec. 317. Officer in Control, Etc., at a Fire During Ab- 
sence of Chief—That in the absence of the Chief of the Fire 
Department at a fire, the First Assistant shall take control 
and charge of the work of the Department thereat, and in the 
absence of both the Chief and First Assistant Chief, the Sec- 
ond Assistant Chief shall take such control and charge; in 
case of the absence of the Chief and the First and Second — 
Assistant Chiefs, then the First Captain or First Lieutenant 
arriving at such fire shall take such charge and control of the 
work of the Department thereat until the arrival of a superior 
officer of said Department. Captains will outrank Lieutenants 
and the Captains will rank in the order of the length of time 
they have served in the Department. (lId., Sec. 8.) 


Sec. 318. Rules and Regulations of City Council and Civil 
Service Commission; Duties of Subordinate Officers, Etc.— 
That all officers, including the Chief and Assistants of, and 
employees in, the Department, shall be subject to the rules 
and regulations adopted by the City Council and Civil Service 
Commission for the organization, government, discipline, regu- 
lation and operation of the Department, and all subordinate 
officers and employees shall perform and discharge such duties 


of the City of Houston 125 


as shall be prescribed or required of them by the Chief of 
the Fire Department, and such rules and regulations so passed. 
(Id., Sec. 9.) 


Sec. 319. First Assistant Chief Performs Duties of Chief, 
When—That in case of the absence of the Chief of the Fire 
Department, or of his inability to perform the duties of, or 
a vacancy in, his office, the First Assistant Chief shall per- 
form and discharge all of the duties of Chief of the Fire De- 
partment until such time as the Chief returns, or the vacancy 
is filled. (Id., Sec. 10.), 


Sec. 320. Members of:to Be Furnished Copy of Rules, 
Etc.; Shall Study Them—Each member of the Fire Depart- 
ment shall be furnished with a copy of all of the rules and 
regulations adopted for the government, etc., of the Depart- 
ment and shall study and familiarize himself with the same. 
(Id, Sec. 11.) 


Sec. 321. Secretary of; Duties, Etc.—It shall be the duty 
of the Secretary to maintain his office at the Central Fire 
Station; to preserve and keep all books and papers belonging 
to the Fire Department; to keep a complete and perfect record 
of all matters concerning and connected with the Fire Depart- 
ment; to make reports whenever requested by the Fire Com- » 
missioner, Mayor or City Council; he shall be under the direc- 
tion and control of the Chief of the Fire Department and the 
Fire Commissioner. (lId., Sec. 12.) 


Sec. 322. Salaries of New Appointees, Etc., Graduated— 
That the monthly salaries of the Lieutenants, Laddermen, 
Stokers, Drivers and Pipemen in the Department who are 
employed after March Ist, 1914, shall be graduated and paid 
at the following rate, according to their service and experi- 
ence: 

For the first six months’ service Sixty-five Dollars ($65.00) 
per month, at the end of which time said employee shall be 
examined, and if he shows a good report for  obedi- 
ence, attention to duty and efficiency and is able to stand 
the examination prescribed by the Civil Service Commission, 
he shall then be paid for the next or second six months’ service 
the sum of $70.00 per month. At the end of the second six 
monthy’ period, if said employee shows a good report for obedi- 
ence, attention to duty and efficiency and is able to stand the 
examination prescribed by the Civil Service Commission, he 
shall be paid for the next six months’ period $75.00 per month. 
At the end of the third six months’ service, if the employee is 


126 Revised Code of Ordinances 


able to show a good report for obedience, attention to duty 
and efficiency and can stand the examination prescribed by the 
Civil Service Commission, he shall then be considered a full- 
fledged fireman and will thereafter be entitled to receive the 
sum of $80.00 per month for his services. (Id., Sec. 13.) 


Sec. 323. Appointees at Central Fire Station Receive 
$2.50 Per Month in Excess Other Appointees—On account of 
the extra service and work required of the firemen at Central 
Station, all of the employees at said station, except the Watch- 
men, who receive a salary less than .$90.00 per month, shall 
be paid an extra $2.50 per month each, in addition to the 
schedule of wages prescribed in the preceding paragraph, but 
this extra $2.50 only applies to employees above mentioned at 
the Central Fire Station. (ld., Sec. 14.) 


Sec. 324. Employees Now in Department, Full-Fledged 
Firemen—All employees that are now in the service of the 
Fire Department shall, insofar as their salary is concerned, 
be considered full-fledged firemen and they will be entitled to 
draw the monthly compensation for their services prescribed 
in the following section; but all employees now in the 
service of the city in the Fire Department shall nevertheless 
be required to show at the end of each six months a good re- 
port for obedience to orders, attention to duty and efficiency, 
and must stand the necessary examinations prescribed by the 
Civil Service Commission, in order to hold their position and 
compensation. If they fail in producing the report above men- 
tioned and standing the examination above mentioned, they 
shall be reduced to the salaries prescribed for other employees 
serving the length of time as shown in Section 322. (ld., 
Sec. 15.) 


Sec. 325. Salaries of Officers and Employees—The 
monthly salaries of the officers and employees of the Fire 
Department beginning with the month of March, 1914, shall 
be as follows: 

The Chief of the Fire Department shall receive Two Hun- 
dred Dollars ($200.00) per month. 

The First Assistant Chief, One Hundred and Fifty Dollars 
($150.00) per month. 

The Second Assistant Chief, One Hundred and Fifteen Dol- 
lars ($115.00) per month. 

Secretary of the Fire Department, Ninety Dollars ($90.00) 
per month. 


of the City of Houston 127 


Captain at Central Fire Station, One Hundred Dollars 
($100.00) per month. | 

Captain at each of Stations Nos. 7 and 9, One Hundred 
Dollars ($100.00) per month. 


Captains at all other stations, Ninety Dollars ($90.00) per 
month. 


First Engineer at Central Fire Station, One Hundred and 
Five Dollars ($105.00) per month. 


Engineer at Fire Station No. 8, Ninety Dollars ($90.00) 
per month. 

Veterinarian at Fire Station No. 8, Ten Dollars ($10.00) 
per month. 

Engineers at all other stations, Ninety Dollars ores 00) 
per month. 

Chauffeurs at all stations, Ninety Dollars (390.00) per 
month. : 


Lieutenants, Laddermen, Stokers, Drivers and Pipemen,.- 
after they have served the requisite eighteen months’ period: 
described in Section 322, shall receive each the sum of 
Eighty Dollars ($80.00) per month. 


Watchmen at Central Fire Station, Seventy-Five Dollars 
($75.00) per month. 


Watchmen at Stations Nos. 7 and 9, each, Seventy Dollars 
($70.00) per month. 


Watchmen at all other stations, Sixty-five Dollars ($65.00) 
per month. (lId., Sec. 16.) 


Sec. 326. Firemen Assigned to Duty as Watchmen; Sal- 
ary—Should a fireman be assigned to duty as Watchman after 
March Ist, 1914, he will receive as compensation for his said 
services as Watchman only such compensation as is fixed for 
Watchmen at said station, regardless of what salary the said 
Fireman had been previously paid. (Id., Sec. 17.) 


Sec. 327. Automatic Candidates for Promotion in—For 
15 days previous to the end of the first, second and third six 
months’ service provided in Section 322, all Lieutenants, Lad- 
dermen, Stokers, Drivers and Pipemen shall automatically 
become candidates for promotion and shall be considered ap- 
plicants for promotion, unless they notify the Department 
to the contrary. (Id., Sec. 18.) 


Sec. 328. Employee Failing of Promotion; Second Trial 
in Case Failure—In the event any employee in the Fire De- 
partment above mentioned shall fail to pass the examination 


iva Gee Revised Code of Ordinances 


prescribed by the Civil Service Commission, or shall fail to 
produce a good report for obedience to orders, attention to 
his duty and efficiency, he shall not be promoted, but may, if 
the Chief of the Fire Department recommends, be retained in 
the service and be given one more trial for promotion at the 
end of the first six months after any such failure. But he 
must serve an additional six months after his failure to pass 
before he will be eligible for promotion. Upon a second fail- 
ure to pass for the same grade the fireman so failing shall be 
discharged from the service. (ld., Sec. 19.) 


Sec. 329. Police Power of Members of; Penalty for Fail- 
ure to Comply With Orders of Members of—The Chief of 
the Fire Department of the City of Houston and each of his 
assistants and all officers thereof shall have the same police 
power at all fires as the police officers of the city have, and 
may command all reasonable assistance from the inhabitants 
of the city for the suppression or extinction of fires as may 
be necessary. Any person refusing to give such reasonable 
assistance or refusing to comply with any reasonable orders 
given by the Chief of the Fire Department, or any official 
in the Fire Department, shall be deemed guilty of an offense 
and upon conviction thereof he shall be fined not less than 
One Dollar ($1.00) nor more than Fifty Dollars ($50.00). 
(Id., Sec. 20.) | 


Sec. 330. Injuring Fire Alarm Appurtenances—Any per- 
son who shall interfere with, or cut, or injure, any of the 
boxes, wires or poles, or any of the appurtenances thereto, of 
the electric fire alarm system of the City of Houston, shall 
be fined not less than Ten nor more than One Hundred Dol- 
lars. (Code 1904, Art. 346.) 


Sec. 331. Driving Over Fire Hose—Any person who un- 
lawfully drives, or causes to be driven, any vehicle over or 
across any hose used for conducting water from any fire en- 
gine, fire plug or hydrant, must be fined not less than One nor 
more than One Hundred Dollars. (Id., Art. 346a.) 


Sec. 332. False Alarm of Fire; Penalty—If any person 
shall falsely or maliciously, by any means whatsoever, give 
an alarm of fire when there is no fire, he shall be deemed guilty 
of an offense, and, upon conviction thereof, shall be fined in 
any sum not less than Twenty-five nor more than One Hun- 
dred Dollars. (lId., Art. 347.) 


of the City of Houston 129 


Sec. 333. Vehicles of Fire Department to Have Right of 
Way—Vehicles and apparatus of the Fire Department of the 
City of Houston, Harris County, Texas, shall have the right of 
way in and upon all streets and avenues of said city over all 
other vehicles of every kind and character, as well as persons 
-on bicycles and horses, and the sounding of the bell or gong 
thereon, as well as the bell from the fire alarm apparatus, shall 
constitute a warning to the persons hereinafter named to clear 
the streets and avenues and do the things hereinafter re- 
- quired. That the ordinance limiting the speed of vehicles shall 
not be deemed to apply to the vehicles above named. (lId., 
Art. 348.) 


Sec. 334. Street Cars to Stop as Near Center of Block— 
That every motorman operating a street car within the said 
City of Houston, upon the sounding of the bell from the fire 
alarm apparatus in the Market House, or the ringing of the 
bell or sounding of the gong on any vehicle or apparatus of 
the Fire Department of said city, shall stop as near to the 
center of the block as is possible whenever any engine, cart, 
wagon or other vehicle or apparatus of the said Fire Depart- 
ment of the City of Houston is about to cross the tracks on 
which the car he is operating is running, and in no event shall 
he attempt to pass ahead thereof, and shall so remain stand- 
ing until such engine, cart, wagon or other vehicle or appa- 
ratus has passed. (Id., Art. 349.) 


Sec. 335. Drivers of Carriages, Etc., to Drive as Near 
Curb as Possible—Every driver of any and every kind of car- 
riage, wagon or other vehicle drawn by animals, or operator 
of any kind of motor vehicle, or the rider of any horse or 
bicycle, within the said City of Houston, upon the sounding 
of the bell from the fire alarm apparatus in the Market House, 
or the ringing of the bell or sounding of the gong. on any 
vehicle or apparatus of said Fire Department, shall drive as 
near to the curb as possible, and at least ten feet from the 
corner of the street, and stop, whenever any engine, cart, 
wagon, or other vehicle or other apparatus of said Fire De- 
partment is about to cross or travel along the street or avenue 
upon which said vehicle is standing or being driven, and shall 
so remain standing until such engine, cart, wagon, or other 
vehicle or apparatus has passed. (ld., Art. 350.) 


Sec. 336. Pedestrians to Get on Sidewalk—That each 
and every pedestrian within the said City of Houston, upon the 
sounding of the bell from the fire alarm apparatus in the Mar- 


130 Revised Code of Ordinances 


ket House, or the ringing of the bell or sounding of the gong 
on any vehicle or apparatus of the Fire Department, shall get 
upon the sidewalk whenever any engine, cart, wagon or other 
vehicle or apparatus is about to travel along such street or ave- 
nue and shall remain thereon until same has passed. (Id., Art. 
351.) 


Sec. 337. Penalty—That the failure of any person named 
herein to comply with the provisions of the last preceding four 
sections or any part of same, shall constitute an offense, and 
upon conviction such person shall be fined in any sum not less 
than One Dollar and not more than One Hundred Dollars. (Id., 
Art. 352.) 


Sec. 338. Interference With, Etc., Unlawful—That it 
shall be unlawful for any person to interfere with the Fire 
Department of said city in fighting fire, or to take possession 
of any apparatus of said Department, or to interfere with its 
use by the members of said Fire Department, or to hinder 
or prevent any member of said Fire Department from fighting 
said fire, or to in any way impair, lessen or destroy the effect- 
iveness of the apparatus or men engaged in fighting any fire 
in the City of Houston. (Oct. 11, 1909; Ord. Bk. 2, p. 587, 
Sec. 1.) | 


Sec. 339. Penalty—Any person violating the next preced- 
ing section shall be guilty of an offense, and upon conviction 
thereof in the Corporation Court shall be fined in any sum 
not less than One Dollar ($1.00) nor more than One Hundred 
Dollars ($100.00). (Id., Sec. 2.) 


of the City of Houston 131 


CHAPTER XVIII. 
Fire Marshal. 


Sec. 340. Creation of Office—That the office of Fire Mar- 
shal is hereby created; that said office shall be independent of 
other departments, and that the Fire Marshal shall report 
directly to the Mayor and City Council. Said office shall be 
filled by appointment of the Mayor and with the consent of 
the City Council. (May 23, 1910; Ord. Bk. 3, p..566, Sec. 1.) 


Sec. 341. Duties—It shall be the duty of the Fire Marshal 
to investigate the cause, origin and circumstances of every fire 
occurring within the City of Houston. The Fire Marshal 
shall investigate the cause, origin and circumstances of every 
fire occurring within the City of Houston by which property 
has been destroyed or damaged and shall especially make 
investigation as to whether such fire was the result of care- 
lessness or design. Such investigation shall be made or begun 
within twenty-four (24) hours of the occurrence of such fire. 
And it shall be the duty of the Fire Marshal to keep in his 
office in a well-bound book a complete record of all fires oc- 
curring within the City of Houston by which property has 
been destroyed or damaged, including all the facts, statistics 
and circumstances, the origin of the fire, the amount of the 
loss, which may be determined by the investigation, and whe- 
ther said losses were paid by the insurance companies and 
when. Said record shall be at all times open to the public for 
inspection. (Id., Sec. 2.) 


Sec. 342. May Take Evidence; Disposition Thereof—The 
Fire Marshal, when in his judgment further investigation is 
necessary, shall cause to be taken under oath the testimony of 
such persons as are cognizant of the facts in relation to the 
nature of the fire and its origin, and shall cause said evidence 
to be reduced to writing and sworn to before a Notary Public, 
and if he shall be of the opinion that there is evidence suffi- 
cient to charge any person with the crime of arson or with the 
attempt to commit said crime, he shall cause such evidence, 
together with the names of all witnesses, to be placed in the 
hands of the proper prosecuting attorney and shall furnish 
said attorney all the evidence at his command pertinent to the 
case. (Id., Sec. 3.) 


132 Revised Code of Ordinances 


- Sec. 343. May Secure Notary; Expense Paid by City— 
The Fire Marshal is hereby authorized to procure the services 
of a Notary Public, and shall in connection with said Notary 
Public secure evidence under oath touching any subject of 
inquiry or investigation which he in the exercise of the duties 
of his office may find necessary to be made, and the necessary 
expenses incurred in procuring the services of a Notary and 
other expenses incident to such investigation shall, when ap- 
proved by the Fire Marshal, be paid out of the general fund 
of the City of Houston. (Id., Sec. 4.) 


Sec. 344. Authority to Examine Buildings Where Fire 
Has Occurred—The Fire Marshal shall have authority at all 
times in the performance of his duties to enter upon and 
examine any building or premises where any fire has oc- 
curred or*is occurring, and also the buildings and premises 
adjoining and nearby the building in which the said fire exists. 
(Id., Sec. 5.) 


Sec. 345. Right to Inspect for Fire Risk, Etc.; Duty at 
Certain Buildings—The Fire Marshal, upon complaint of any 
person, or without complaint, shall have the right at all rea- 
sonable hours, for the purpose of examination, to enter into 
and upon all buildings and premises within the city for the 
purpose of inspecting same as to the fire risk. And it shall be 
his duty at least once every year to enter upon and make or 
cause to be made a thorough examination of all mercantile, 
manufacturing and public buildings, together with the prem- 
ises belonging thereto. Whenever he shall find any building 
or other structure, which for want of repair or by reason of 
age or dilapidated condition or for any other cause is especially 
liable to fire and so situated as to endanger other buildings 
or property, or so occupied that fire would endanger the lives 
of persons or property therein, and whenever he shall find an 
improper or dangerous, arrangement of stoves, ranges, fur- 
naces and other heating appliances of any kind, including 
chimneys, flues and pipe with which the same may be con- 
nected, or any dangerous arrangement of lighting devices or 
any dangerous or unlawful storage of explosive compounds, 
petroleum, gasoline, kerosene, dangerous chemicals, vegetable 
products, ashes, combustible, inflammable, refuse materials, 
or other conditions which in his opinion are dangerous in 
character or liable to cause or promote fires or create condi- 
tions dangerous to the firemen or occupants of any building, 
he shall order the same to be removed or remedied, and shall 
follow up said order and see that same is complied with by 


of the City of Houston 133 


the owner or occupant of said building, within a reasonable 
time, and in case of failure upon the part of the owner or oc- 
cupant to comply with said order, or refusal to do so, it shall 
be his duty to report said fact to the Mayor and City Council, 
and to notify the insurance companies of said action, and if 
in his judgment the exigencies of the case demand it, he shall 
file complaint thereof before the proper court. (Id., Sec. 6.) 


Sec. 346. Assessed Valuation of Stocks of Goods, Etc.— 
The Fire Marshal shall keep in his office a record of the as- 
sessed valuation of every stock of goods, wares and merchan- 
dise, as shown by the books of the City Assessor and Collector 
of Taxes. And it shall be his duty to furnish said assessed 
valuation to any insurance company, its agent, or to any in- 
surance adjuster. (Id., Sec. 7.) 


134 Revised Code of Ordinances 


CHAPTER XIX. 


Harbor Department. 


Article 1.—-Board of Harbor Commissioners. 
2.—Franchises. 
3.—Revenues. 
4.—Penalties. 


5.—Wharf Master. 


ARTICLE 1. 
BOARD OF HARBOR COMMISSIONERS. 


Sec. 346a. Creation Harbor Department; Control Vested 
Board Harbor Commissioners—There is hereby created a 
department of the government of the City of Houston to be 
known as the ‘‘Harbor Department,” which shall be under the 
control and management of a board of five commissioners and 
the Mayor, to be known as the Board of Harbor Commission- 
ers, whose control and management of the matters pertaining 
to said department shall be subject to the approval of the City 
Council. (Dec. 3,.1913; Orde Bk: 3, p, 560; Sec: 1.) 


Sec. 347. Appointment, Etc., Board—The members of the 
Board of Harbor Commissioners shall be appointed by the 
Mayor, subject to confirmation by the Council. No person shall 
be appointed a harbor commissioner who is not a resident citi- 
zen of the City of Houston, over the age of twenty-one years. 
The members of said board shall serve without compensation. 
(Id., Sec. 2.) 


Sec. 348. Term of Office; Vacancies; President of Board; 
Vice President—The term of office of the members of the 
Board of Harbor Commissioners shall be two years. The term 
of office of the five members first appointed hereunder shall 
commence upon their appointment to and written acceptance 
of membership, and unless such written acceptance shall be 
filed with the Mayor within fifteen days after the appointment, 
then the Mayor shall appoint, subject to confirmation as pro- 
vided in Section 347, others to fill the places not accepted, until 
said board shall have its full membership. Said five members 
first appointed shall so classify themselves by lot that three 
of their number shall go out of office at the expiration of one 


of the City of Houston 135 


year from the time of their appointment; provided, however, 
such members shall hold office until their successors have qual- 
ified. Whenever a vacancy occurs for any reason, the Mayor 
shall fill the same by appointment for the unexpired term, sub- 
ject to the confirmation of the Council. The Mayor, subject 
to the approval of the Council, shall name the president of the 
board, who shall hold his office two years, and until his suc- 
cessor shall have qualified, unless his membership on the board 
sooner expires. Said board shall elect from their number a 
Vice President, who shall perform all the duties of the Presi- 
dent in the event of the absence or inability of the President 
to act. The President of the Harbor Commissioners shall be 
the executive officer of the Harbor Department, and in the 
event of his absence or inability to act the Vice President shall 
be the executive head. (Id., Sec. 3.) 


Sec. 349. Secretary of Board—The Board of Harbor Com- 
missioners may appoint a Secretary, not a member of the 
board, whose salary shall be fixed by the Council. Such Sec- 
retary shall keep a record of all the proceedings of the board, 
specifying therein the names of the commissioners present at 
all meetings, and giving the ayes and noes upon all votes. 
The Secretary of the board shall certify such proceedings un- 
der his hand, to be authenticated by a seal, if a seal be adopted 
and provided by the board for that purpose, and shall perform 
all such other duties as the board may prescribe or as may be 
fixed by ordinance. (lId., Sec. 4.) 


Sec. 350. Meetings of Board; Rules and Regulations— 
The Board of Harbor Commissioners shall hold regular meet- 
ings at least once in each month, and as much oftener as may 
be necessary for the transaction of business. Three members 
shall constitute a quorum for the transaction of business, and 
the passage of any resolution or order by the board shall re- 
quire a majority vote of those present. The board shall have 
power to make by-laws governing the conduct of its members 
and the dispatch of business thereat, and shall also have the 
power, subject to the approval of the City Council, to estab- 
lish all necessary rules and regulations for the government of 
the Harbor Department, and for the regulation of the conduct 
of the officers and employees therein as it shall deem proper. 
(Id., Sec. 5.) 


Sec. 351. City Engineer Ex-officio Harbor Engineer—The 
City Engineer shall be the engineer of the Board of Harbor 
Commissioners, and shall be ex-officio harbor engineer of the 


136 Revised Code of Ordinances 


city ; and in addition to the duties otherwise prescribed in the 
charter and ordinances of the City of Houston, he shall per- 
form such engineering and surveying necessary for the public 
work done under the direction or supervision of the board, as 
said board may require. He shall make such certificates and 
reports upon the progress of such work, and shall make such 
surveys, inspections and estimates, and perform such other 
surveying and engineering work as may be required by the 
board. (Id., Sec. 6.) 


Sec. 352. Employees of Harbor Department, How Em- 
ployed—The Board of Harbor Commissioners shall have the 
right to employ all necessary help in the conduct of the Harbor 
Department; provided, the necessity for the same and the com- 
pensation thereof shall be determined in advance by the City 
Council upon the recommendation of the board, the powers, 
duties and qualifications of such employees to be fixed by ordi- 
nance, subject to such civil service rules and regulations as 
may now or hereafter be in force affecting same. Said board 
shall have the power, with the approval of the Council, to 
discharge, suspend or remove from office all employees of the > 
Harbor Department, and to require bonds of such employees 
to insure the faithful performance of their duties. (Id., 
Sec. 7.) 


Sec. 353. Board Has Control Houston Ship Channel, 
Etc.—The Board of Harbor Commissioners, under this chap- 
ter and ordinances hereafter passed, shall have possession 
and control of the entire Houston Ship Channel water front, 
from Main Street down to and including the limits of the city’s 
control of said channel, together with all other navigable wa- 
ters in the limits of this city, and authority to use, for the 
loading and landing of merchandise, with a right to collect 
dockage, wharfage and tolls thereon, such portions of the 
streets and other public places terminating or fronting on said 
Houston Ship Channel or other navigable waters in said city 
limits as may be used for same without obstructing the same 
as public thoroughfares. (Id., Sec. 8.) 


Sec. 354. Specific Powers of Board—The Board of Har- 
bor Commissioners shall have power, subject to such ordi- 
nances as the City Council may hereafter from time to time 
adopt, and with the approval of the Council: 


(a) To make, adopt and enforce by-laws, rules and regu- 
lations regarding the use. and control of the water front, Hous- 
ton Ship Channel from Main Street to and including the limits 


of the City of Houston lt 


of the city’s control on said channel and all other navigable 
waters within the city limits, and the anchoring, mooring, 
towing, docking and landing of all steamships, vessels and 
other water craft therein, respecting pilotage and towage, and 
the placing, installment and maintenance of buoys, bells, lights 
and fog horns in and upon said channels and waters. 


(b) To regulate and control the operation and use of all 
wharves, piers, docks, slips, quays, landings, elevators, cranes, 
derricks, warehouses, marine ways, dry docks, railways and 
other utilities, structures and appliances for the accommoda- 
tion of commerce upon said channel and waters, for the tak- 
ing on and landing of passengers, and the loading and dis- 
charging of the cargoes of steamships, vessels and other crafts 
plying thereon. 


(c) To fix, regulate and collect rates or charges for wharf- 
age, dockage, tolls and cranage of all steamships, vessels and 
other craft admitted to the wharves, piers, docks, slips, quays 
and landings owned, operated or controlled by the city or leased 
by the city to private individuals or corporations; the rate of 
towage and pilotage in said waters, and the rates of charges 
on all ferries, steamships, vessels or other craft owned, con- 
trolled or operated by the said city or its licensees, and to fix, 
regulate and collect rates or charges for the use of all ware- 
houses, elevators, bunkers, marine ways, dry docks and other 
structures, derricks, cranes and other appliances owned, con- 
trolled or operated by the city, or by lessee from the city and 
constructed or used for the loading or unloading of cargoes of 
steamships, vessels and other water craft, and for the storage 
thereof, and for the use of all appliances for the taking on or 
discharge of passengers by or from such steamships, vessels 
or other water craft. | 


(d) The powers conferred by this section upon said Board 
of Harbor Commissioners shall be exercised by resolution or 
order adopted by a majority of its members, and recorded in 
the minutes with the ayes and noes at length; provided, that 
no such resolution or order shall be effective until the same 
shall be approved by the City Council, by ordinance, and shall 
be thereafter published as required by law. And any person, 
_firm or corporation, who shall violate the provisions of any 
such resolution or order as approved by ordinance shall be 
guilty of a misdemeanor, and upon conviction shall be pun- 
ished by a fine of not more than Two Hundred Dollars. (Id., 
Sec. 9.) 


138 Revised Code of Ordinances 


Sec. 355. Board’s Powers as to Control, Etc.—The Board 
of Harbor Commissioners shall have charge, superintendence 
and control, except as the City Council may by ordinance pro- 
vide hereafter, and subject to the approval of the City Council: 


(a) Of the design, construction, maintenance and repair 
of all walls, embankments, bulkheads, wharves, piers, docks, 
quays, slips, landings, elevators, cranes, derricks, marine ways, 
warehouses and other structures and appliances erected, oper- 
ated and maintained by the city for the accommodation of 
commerce in and upon said Houston Ship Channel and waters 
in the city limits, for the landing of steamships, vessels and 
other water craft therein, for the loading, discharging and 
storing of the cargoes of freight from such steamships, vessels 
and other craft, and of all appliances erected, constructed and 
maintained by the city for the taking on or discharging of pas- 
sengers by or from such steamships, vessels or other water 
craft. . 


(b) Of the dredging, deepening, widening and clearing of 
the Houston Ship Channel, all slips, docks, canals, basins, wa- 
terways and other waters in the city limits, and of the acquisi- 
tion, construction and operation of dredging machines, scows, 
tugs and other machinery or appliances therefor, and of the 
employment of persons to operate the same; provided, that all 
of such powers herein provided for shall be exercised with the 
approval and consent of the Council, and that all material re- 
moved by reason of deepening, dredging, widening or clearing 
of any such slips, docks, channels, basins, canals or waterways 
shall be deposited in such place or places as the City Council 
may designate. 


(c) Of all wharves, piers, docks, quays, slips, landings, dry 
docks, marine ways, elevators, cranes, derricks, warehouses 
and other structures, marine ways, railways and all other 
structures and appliances owned, controlled or operated by the 
city for the landing of vessels, the loading and unloading of 
their cargoes, and the storage thereof, the taking on and dis- 
charge of their passengers. 


(d) Of all the ferries, towboats, pilot boats, steamships 
and other vessels and water craft owned, operated or controlled 
by the city. 


(e) But no moneys shall be expended, or obligation to ex- 
pend same incurred on account of any of the matters referred 
to herein without prior approval thereof by the City Council. 
(Id., Sec. 10.) 


of the City of Houston 139 


Sec. 356. Additional Powers Conferred and Duties Im- 
posed on Board—In addition to the powers and duties herein- 
before provided, the Board of Harbor Commissioners shall 
exercise and perform the further powers and duties: 


1.—To make at such times as may be prescribed by their 
rules and regulations or by ordinance, a thorough investigation 
into the affairs of all persons, firms or corporations operating 
or maintaining ferries, wharves, piers, docks, quays, moles, 
slips, landings, elevators, derricks, marine ways, warehouses, 
and other public service utilities pertaining to the water front, 
Ship Channel, Turning Basin and other navigable waters 
within this city, and collecting fares, wharfage, dockage, tolls 
and other charges for the use of the same, in the City of 
Houston or within its jurisdiction, and compile such data as 
may be necessary to determine the proper licenses and charges 
for the service furnished or supplied by such persons, firms or 
corporations, as provided by this chapter or as hereafter pro- 
vided. Such data shall include a valuation of the physical 
properties of such persons, firms or corporations, a detailed 
statement of the gross and net earnings, expenses, capitaliza- 
tion and indebtedness thereof, and such matters as the board 
may deem proper, and shall include such facts and figures 
as may be obtainable regarding the operation and maintenance 
of similar works and utilities in other municipalities. The 
board shall have the right at all reasonable times to have 
access to, and in person or by their duly authorized represent- 
atives to examine the books, papers, maps and records showing 
the affairs, transactions, property and financial conditions of 
such persons, firms or corporations, for the purposes of such 
investigation and the compiling of such data. 


2.—To fix, subject to approval, change or modifications by 
the City Council, as herein provided, the amount of licenses 
to be imposed and collected by the city, and the rates to be 
charged and collected by any person, firm or corporation for 
the services mentioned in Subdivision 1 of this Section; such 
licenses and rates to be so fixed for such, as may be prescribed 
by ordinance or otherwise by law, but in no event for a period 
of less than one year nor for more than three years. Such 
licenses and rates shall be fixed by resolution of the board, 
to be recorded in the minutes with ayes and noes at length. 
Immediately upon the adoption of any such resolution, a copy 
of the same certified by the Secretary of said board, shall be 
filed with the City Secretary. The City Secretary shall present 
such resolution to the City Council at its next regular meeting. 


140 Revised Code of Ordinances 


Any person interested or affected by the rates and licenses 
specified in any such resolution may, within fifteen days after 
the adoption of such resolution, file objections thereto with 
the City Secretary specifying the grounds of such objections 
and petition the City Council for a rehearing of such rates. 
The City Secretary shall lay all such objections before the City 
Council at its next regular meeting after the expiration of the 
time for the filing of the same. The City Council may, upon 
any such petition, order a rehearing of the rates or licenses 
objected to. At such rehearing the City Council shall consider 
such rates or licenses, shall hear and pass upon the objections 
thereto at such time, and under such rules and modes of pro- 
cedure as it shall by ordinance prescribe, and shall have the 
power to finally fix such rates or licenses by approving, chang- 
ing or modifying the same, such change or modification to 
be made by ordinance; provided, however, that in order to 
change or modify any rates or licenses fixed by the said Board 
of Harbor Commissioners, a majority vote of the City Council 
shall be necessary. 


All rates or licenses to which no objections are filed or of- 
fered shall be deemed to be finally fixed by said Board of 
Harbor Commissioners. All rates or licenses fixed under the 
provisions of this chapter shall be so fixed as to take effect 
immediately upon their final approval by the City Council. — 


3.—To investigate any and all complaints against the ser- 
vice or charges of any person, firm or corporation operating 
any ferry, wharf, pier, dock, quay, slip, landing, elevator, 
derrick, marine way, warehouse, and other public utilities per- 
taining to the water front, Ship Channel, Turning Basin, and 
other navigable waters within the jurisdiction of the city, and 
to recommend legislation to the City Council, or action to 
the executive officers of the city whenever, in the judgment of 
the board, such legislation may be necessary. 


4.—To superintend the inspection of all ferries, wharves, 
piers, docks, quays, moles, slips, landings, elevators, cranes, 
derricks, marine ways, warehouses, and other public service 
utilities pertaining to the water front, Ship Channel, Turning 
Basin, and other navigable waters within the jurisdiction of 
the city, maintained or furnished by persons, firms or corpora- 
tions in the City of Houston or within its jurisdiction, as to 
their compliance with their franchises, and with the law and 
the ordinances of said city regulating the manner of conduct- 
ing their business and the service and charges of such persons, 
firms or corporations, and their treatment of the public, and 


of the City of Houston | ry 


from time to time to recommend such legislation or executive 
action based on such investigation as, in their judgment, may 
be required. 


5.—To prepare and keep a detailed and indexed record of 
all franchises or other grants or leases for ferries, wharves, 
piers, docks, quays, moles, slips, landings, or other public 
service utilities granted or given by the city or by other au- 
thority, in, upon or pertaining to the water front, Ship Chan- 
nel, Turning Basin, or other navigable waters within the 
jurisdiction of the city that are now in existence or that may 
hereafter be given or granted, showing the date, location, term 
thereof, and all other like public franchises exercised in the 
City of Houston. (Id., Sec. 13.) 


Sec. 357. Commissioners May Administer Oaths and Re- 
quire Attendance of Witnesses, Etc.—Hach Harbor Commis- 
sioner is hereby authorized and empowered to administer 
oaths and affirmations in all matters incident or pertaining 
to the exercise of the duties or powers of the board. Said 
board is hereby authorized and empowered to require, by 
subpoena, the attendance and testimony: of witnesses, and the 
production of books, papers and documents in any investiga- 
tion, hearing or proceeding conducted by said board in respect 
to any matter or thing of which said board has jurisdiction. 
The subpoena authorized as aforesaid shall be issued and 
signed by the president of said board. The Chief of Police 
is hereby authorized and directed to serve or cause to be 
served any and all subpoenas that may be issued by said board 
from time to time. Any person, firm or corporation who shall 
violate any portion of this section, or who shall refuse to obey 
said subpoenas, or who shall refuse to testify before said 
board, shall be guilty of a misdemeanor, and punishable by a 
fine of not less than Five Dollars ($5.00) nor more than 
Twenty-five Dollars ($25.00). (Id., Sec. 14.) _ . 


ARTICLE .2. 
FRANCHISES. 


Sec. 358. Applications for Franchises for Ferry, Wharf, 
Etc.; Subsequent Procedure—Every application made to the 
City Council for a franchise for any ferry, wharf, pier, dock, 
quay, mole, slip, landing, or other public service utility in, 
upon or pertaining to the water front of the Houston Ship 
Channel from Main Street to and including the limits of the 
city’s control on said channel and other navigable waters 


142 Revised Code of Ordinances 


‘within the city limits, shall, before any action is taken thereon, 
be referred by the City Council to the Board of Harbor Com- 
missioners respecting the same. Said board shall proceed to 
inquire into said application and within thirty days after said 
application has been referred to it, or longer if allowed by 
the City Council, shall report to the City Council its recom- 
mendation relative thereto. If, in the judgment of the board, 
such application should not be advertised for sale or granted, 
it shall so report, stating its reasons therefor; and if, in the 
judgment of the board, such application should be granted, it 
shall recommend the terms and conditions upon which the 
same shall be granted. No such franchise shall be advertised 
for sale or granted except on application therefor in writing 
previously filed with the City Council, nor unless such ap- 
plication shall have been referred to the Board of Harbor 
Commissioners, as aforesaid; provided, that if said board shall 
fail to report thereon within the time specified, or as extended 
by the City Council, nothing therein shall be construed to 
prevent the City Council, at its discretion, from proceeding to 
advertise said franchise for sale, or from awarding the same, 
as provided by law. No franchise shall be advertised for 
sale or granted contrary to the recommendation of said board 
except upon a majority vote of the entire City Council. (Dec. 
3, 19138, Ord. Bk. 3, p. 560, Sec. 115) 


Sec. 359. Application for Franchises to Use Water 
Frontage, Etc.; Subsequent Procedure; Provisos—Every ap- 
plication for the right, privilege or franchise to use any portion 
of the water frontage or tide lands or submerged lands be- 
longing to the City of Houston, whether filled or unfilled, shall 
be presented in writing to the City Council. Such application 
shall state the purposes for which such water frontage, tide 
or submerged lands are proposed to be used. Before any 
action is taken thereon by the City Council, such application 
Shall be referred by it to the Board of Harbor Commissioners, 
which shall investigate the sarne, and shall within thirty days 
after such application shall have been referred, or within 
such further time as shall be allowed by the City Council, 
report to the City Council in writing its recommendations 
relative thereto. If, in the judgment of said board, such ap- 
plication should not be granted, said board shall so report, 
stating its reasons therefor; but if, in the judgment of the 
board, such application should be granted, said board shall 
in its report specify the terms, stipulations and conditions 
thereof, and the compensation to the city therefor, as shall be 


of the City of Houston 143 


deemed by said board necessary and proper. No application 
to use any portion of such water frontage, tide lands and sub- 
merged lands shall be granted, except in pursuance of an ap- 
plication therefor in writing previously filed with the City 
Council and referred to the Board of Harbor Commissioners, 
as aforesaid; provided, that if said board shall not report its 
recommendations thereon within the time above specified, or 
as so extended by the Council, the Council may, at its dis- 
cretion, proceed to grant such application or order such 
right, privilege or franchise to be granted, as provided by the 
Charter of this city; and provided further, that no application 
shall be granted and no such right, privilege or franchise shall 
be given contrary to the recommendations of the Board of 
Harbor Commissioners, except the same be granted or given 
by a vote of a majority of all the members of the Council, 
taken by ayes and noes, and entered upon the minutes of the 
Council; provided further, that nothing herein shall be con- 
strued to require the City Council to refer any application 
applied for hereunder or under any other section of this 
chapter to the Board of Harbor Commissioners should the City 
Council be of the opinion that same should not be granted, 
and it shall not be necessary to make such reference where 
the Council is opposed to the granting of such application; 
provided further, that no lease or grant of any right, privilege 
or franchise hereunder shall ever be made for any term ex- 
ceeding twenty years, nor shall any such grant ever be made 
except in accordance with the provisions of the City Charter 
and under authority of an ordinance determining the terms, 
conditions and limitations of such lease, grant, privilege or 
. franchise, nor shall any such lease or grant ever be made of 
any portion of any Ship Channel, Turning Basin, water front, 
tide land or submerged land, or any land, right or privilege 
belonging to the City of Houston or under its control, on 
Buffalo Bayou Ship Channel or any of its tributaries, unless 
said property shall have first been declared by the Council 
by ordinance to be not required for any public purpose or use, 
nor shall any such lease or grant be made contrary to any of 
the restrictions or limitations which now exist or which may 
hereafter exist under the ordinances; provided further, all 
such leases, grants, privileges or franchises shall provide for 
the readjustment of the rental or charge every five (5) years; 
provided further, that no such lease, grant, privilege or fran- 
chise shall be made for any length of time of any wharf or 
any portion thereof or any portion of the water front, tide 
land or submerged land owned by or under the control of the 


144 Revised Code of Ordinances 


city upon such terms and conditions as will interfere with 
the use thereof for their wharves. (ld., Sec. 12.) 


ARTICLE 3. 


REVENUES. 


Sec: 360. Revenues to Be Credited to ‘‘“Harbor Revenue 
Fund’’; How Drawn From; Purposes for Which It May Be 
Used—All moneys received or collected from or arising out 
of the use or operation of any and all railroads, wharves, piers, 
docks, slips, moles, ways, dry docks, quays, landings, elevators, 
cranes, derricks, warehouses, ferries, steamships, vessels, and 
other water craft, tug boats and all other works, appliances 
or utilities owned, operated or controlled by the City of Hous- 
ton in, or upon or pertaining to the water front upon said 
Houston Ship Channel, Turning Basin, or other navigable 
waters in this city, all fees for pilotage, and all rents or other 
charges for rights, privileges or franchises granted for the 
use of the water frontage, tide lands or submerged lands, 
all rents for leases of such lands, wharves, docks or portions 
thereof, all compensations, except licenses, required to be paid 
by franchise or otherwise by ordinance to the city for the 
operation of ferries, wharves and other public service utilities 
pertaining to said Ship Channel, Turning Basin, and other 
navigable waters within this city shall be deposited in the 
city treasury to the credit of the fund to be known as the 
“Harbor Revenue Fund,” and shall be kept separate and apart 
from other moneys of the city. Said board shall have the 
power, with the consent and approval of a majority of the 
City Council, to order and contract for the expenditure of all 
moneys in said fund as hereinafter provided. Moneys shall 
only be drawn from said fund in pursuance of an appropria- 
tion by the City Council and upon vouchers signed by the 
president or acting president of the board, and the secretary, 
and countersigned by the Mayor and City Controller, except 
that the City Council, at the time of fixing the general tax 
levy, may by ordinance apportion and set apart out of the 
moneys then in said Harbor Revenue Fund, an amount suf- 
ficient to meet all sums coming due for principal and interest, 
or interest or principal upon all outstanding harbor improve- 
ment bonds, before the time for fixing the next general tax 
levy, and the City Treasurer shall use the money so appor- 
tioned to make such payment, and for no other purpose; and if 


of the City of Houston te 145 


there is a surplus remaining, the same shall forthwith be 
transferred into said Harbor Revenue Fund. 

Excepting as may be herein provided, or as shall hereafter | 
be determined by ordinance, none of the moneys in said Harbor 
Revenue Fund or in any fund authorized for the use of the 
Harbor Department, shall be appropriated or used for any 
purpose or purposes other than the following, to-wit: 


First: For the necessary expenses of conducting the Har- 
bor Department, operating any and all railroads, wharves, 
piers, docks, slips, quays, moles, landings, warehouses, and 
other utilities, steamships, ferry boats, pilot boats, tug boats, 
and other vessels and water craft belonging to the city and 
other works, appliances and utilities owned, operated or con- 
trolled by the city and pertaining to the water front, the Ship 
Channel, Turning Basin, or other navigable waters within the 
CILY: 


Second: For the acquisition, construction, completion and 
maintenance of sea walls, embankments, bulkheads, wharves, 
ferries, docks, slips, quays, moles, landings, warehouses and 
other structures, steamships, ferry boats, pilot boats, and 
other vessels and water craft, and other appliances and utili- 
ties pertaining to the water front, Ship Channel, Turning 
Basin, and other navigable waters in the city; for the dredg- 
ing, deepening, widening and cleaning of the waters and chan- 
nels within the city limits, and for extraordinary improve- 
ments and betterments to the property under the management 
and control of said board, including also the purchase of 
necessary lands and other property. 


Third: The payment, as above provided, of the install- 
ments of the interest or principal, or of interest and principal 
coming due on outstanding harbor improvement bonds. (Dec. 
8, 1918, Ord. Bk. 3, p. 560, Sec. 15.) 


Sec. 361. Reports by Board, of Revenues Collected and 
Disbursed—Said board shall submit to the City Council on 
the last day of February of each year hereafter, and on the 
first day of the following September of each year, a written 
report containing an itemized statement of all revenues col- 
lected and paid into the City Treasury from any source what- 
soever during the last preceding six months, together with a — 
statement of all disbursements during said period, and the pur- 
pose and character thereof, said statement to be a complete 
digest of all the acts of the board during the last preceding six 
months. (Id., Sec. 15-15a.) 


146 Revised Code of Ordinances 


ARTICLE 4. 
PENALTIES. 


Sec. 362. Penalty for Violation of Provisions of Chap- 
ter—It shall be unlawful for any person, firm or corporation 
to fail, refuse or neglect to comply with any of the provisions 
of this chapter, and any person, firm or corporation violating 
any of the provisions of this chapter, or refusing to obey 
or conform to any order of said Board of Harbor Commis- 
sioners, or any rule or regulation of said board with respect 
to the operation of any utility mentioned herein, shall be 
deemed guilty of a misdemeanor and, upon conviction there- 
of, shall be punishable by a fine of not more than Two Hun- 
dred Dollars ($200.00). (Dec. 3, 1913, Ord. Bk. 3, p. 560, 
Sec. 15.) 


ARTIGUES 5: 
WHARF MASTER. 


Sec. 363. Creation of Office—That there is hereby creat- 
ed the office of Wharf Master of the City of Houston, with 
the powers and authority hereinafter defined. (Dec. 17, 1906, 
Ord. Bk. 2, p. 344, Sec. 1.) 


Sec. 364. Appointment—There shall be one Wharf Mas- 
ter in the City of Houston, who shall be appointed by the 
Mayor and confirmed by the City, Council. He shall hold his 
office at the will and pleasure of the Mayor, and said office 
may be vacated at any time at the pleasure of the Mayor or the 
City Council, or both. (Id., Sec. 2.) 


Sec. 365. Compensation—The Wharf Master shall re- 
ceive such compensation for his services as may be agreed 
upon by the Mayor and Council. (Sec. 3.) 


Sec. 367. Duties; Authority—lIt shall be the duty of the 
Wharf Master, under the direction, supervision and control of 
the Board of Harbor Commissioners, to see to the enforce- 
ment of all ordinances of the City of Houston, either now 
passed, or which may hereafter be passed, affecting in any 
way the waters of Buffalo Bayou, or wharves or landing places 
upon said bayou, or the navigation thereof, and to see to the 
enforcement of all laws whatsoever affecting said matters; 
and all rights of regulation, control and inspection, which are 
vested in the City of Houston, shall be exercised by the said 
Wharf Master, under the direction and control of the Board 


of the City of Houston 147 


of Harbor Commissioners. The said Wharf Master is further 
vested with authority under direction, control and supervision 
of said board to control the loading or unloading of boats at 
said wharf, and to control the landing of boats at the wharves | 
of Buffalo Bayou, and to designate when and how such loading 
or unloading or landing shall be done. (Id., Sec. 4.) 


148 


Revised Code of Ordinances 


Article 


CHAPTER XX. 
Health. 


1.—Health Department. 
2.—Board of Health. 
3.—Health Officer. 
4.—City Chemist and Bacteriologist, Etc. 
5.—Nuisances. 
6.—Stables. 
7.—Barber Shops. 
8.—Garbage, Etc. 
9.—Swimming Pools and Natatoriums. 
10.—Street Cars, Etc. 
11.—Sewage. 
12.—Privies, Vaults, Closets, Cess-pools, Etc. 
13.—Physicians, Undertakers and Midwives. 
14.—\Contagious, Infectious and Pestilential Dis- 
eases. 
15.—Milk and Milk Products; Regulation, Etc:; 
Sale Of. | 
16.—Milk and Milk Products; Regulation, Etc.; 
Sanitary Conditions, Etc. 
17.—Ice Cream; Regulating; Manufacture, Etc. 
18.—Pure Food and Drugs. 
19.—Food Products; Regulating; Sanitary Condi- 
_ tions, Etc. 
20.—City Market, Etc.; Regulating; Sanitary Con- 
ditions, Etc. 
21.—Cold Storage; Regulations Governing. 
22.—Milk and Food Products; Condemnations, Etc. 
23.—Permits; Miscellaneous. 
24.—Inspection; Miscellaneous. 
25.—Construction. 
26.—Vital Statistics. 


ARTICLE 1. 


HEALTH DEPARTMENT. 


Sec. 368. Creation of; Duties of Members—That there 
is created a Health Department, the officers and employees of 
which being charged with the duty of enforcing all the ordi- 


of the City of Houston 149 


nances relating to ‘‘health,” and such other duties as are now 
or may hereafter be placed upon them by the Mayor or City 
Council or by the ordinances. (Mar. 3, 1914, Ord. Bk. 4, p.—, 
Sec. 1.) 


Sec. 369. Composition of Department—That the Health 
Department shall consist of the Board of Health, a Health 
Officer, an Assistant Health Officer, a City Chemist and 
Bacteriologist, a Milk Inspector, a Quarantine Inspector, a 
City Scavenger, a Superintendent of Garbage, a City Druggist, 
a Chief Sanitary Inspector, and such sanitary inspectors and 
employees as may be necessary and may be allowed by the 
Mayor and City Council. (Id., Sec. 2.) 


Sec. 370. Creation of Offices—That there is created the 
office of Health Officer, Assistant Health Officer, City Chemist 
and Bacteriologist, Milk Inspector, Quarantine Inspector, City 
Scavenger, ‘Superintendent of Garbage, Chief Sanitary In- 
spector and sanitary inspectors. (ld., Sec. 3.) 


Sec. 371. Appointment of Officers and Employees—That 
the Health Officer shall be appointed by the Mayor and con- 
- firmed by the City Council; that the other officers and em- 
ployees shall be appointed by the Mayor; that each and all of 
said officers shall, before entering upon the discharge of the 
duties of his office, take the constitutional oath of office. (Id., 
Sec. 4.) 


Sec. 372. Health Officer; Official Bond—That the Health 
Officer shall be a duly and regularly licensed physician and 
surgeon in good standing and shall, before entering upon the 
discharge of the duties of his office, execute and deliver to the 
City of Houston, and thereafter when required so to do by the 
Mayor, a bond in the sum of Two Thousand Dollars ($2000.00) 
payable to the said City of Houston, with at least three (8) 
good and sufficient sureties or a surety company authorized 
to do business in Texas, to be approved by the Mayor, condi- 
tioned that the said Health Officer shall faithfully perform 
and discharge all of the duties now or which may hereafter be 
required of him by law, or by the Charter or ordinances of 
the City of Houston, or by the Mayor or by the City Council, 
which said bond shall provide that all the conditions of same 
are to be performed in Houston, Harris County, Texas, and 
that any suit prosecuted and maintained thereon shall be 
prosecuted and maintained in said Harris County, Texas, and 


that in case of any recovery thereon, the obligors agree to pay 
17 ) 


150 Revised Code of Ordinances 


the expense incurred by or imposed upon the said City of 
Houston in or about the collection thereof, including a reason- 
able attorney’s fee, and that said bond shall not become void 
until the whole amount thereof has been exhausted. (ld., 
Sec. 5.) 


Sec. 373. Health Officer; Duties; Powers—That in ad- 
dition to the duties imposed, and the powers and authority 
conferred, upon the Health Officer by the ordinances of the 
City of Houston, he shall perform the duty and exercise the 
powers as follows: He shall be the executive officer of the 
Board of Health and, as such, be charged with the enforcement 
of the ordinances of the City of Houston and the rules and 
regulations of the City and State Boards of Health relating to 
all matters of health; he shall, with the approval of the Mayor 
and City Council, the Board of Health and the Civil Service 
Commission, make such rules and regulations for the govern- 
ment and control of the officers and employees of his depart- 
ment as he may deem advisable, and as the head of the depart- 
ment shall have such direction, supervision and control of 
such officers and employees. He shall be authorized, with 
the approval of the Mayor, to suspend any officer or employee 
of the Health Department for insubordination or inattention 
to or neglect of duty, or violation of the ordinances or rules 
and regulations of the Board of Health until he has been re- 
moved, discharged or reinstated and during the time of such 
suspension, unless such officer or employee be reinstated with- 
out prejudice, he shall not be entitled to the pro rata portion 
of his salary. He shall keep a careful watch upon the drainage 
and sewage system of the city and promptly report to the 
Board of Health any needed changes for the promotion and 
maintenance of public health. He shall make a full report to 
the City Council once each month concerning the sanitary 
conditions of the city, with a statement of all deaths occurring 
in the city since the date of his last report; he shall supervise 
the operation of the garbage crematory as part of his depart- 
ment. (ld., Sec. 6.) 


Sec. 374. Assistant Health Officer; Duties—That the As- 
sistant Health Officer shall possess the same qualifications as 
the Health Officer, and shall perform and discharge such 
duties as are and may be prescribed by the ordinances, by the. 
Board of Health and the Health Officer, and in the absence or 
inability. of the Health Officer, discharge and perform the 
duties and exercise the authority of the Health Officer. (Id., 
Sec. 7.) 


of the City of Houston 151 


Sec. 375. City Chemist and Bacteriologist; Duties—That 
the City Chemist and Bacteriologist, also called City Patholo- 
gist, shall be a person skilled in the science of analytical 
chemistry and bacteriology, and a practical chemist, and he 
shall be charged with the duty of enforcing the ordinances 
regulating the sale, etc., and the sanitary conditions, etc., of 
milk and milk products; the manufacture of ice cream; the 
sale of pure food and drugs; the sanitary conditions, etc., of 
food products and, generally, of ordinances usually referred 
to as “pure food and drug ordinances’’; and he shall also per- 
form and discharge such other duties as are or may be pre- 
scribed by the ordinances, the Board of Health or the Health 
Officer, Mayor, or City Council. (Id., Sec. 8.) 


Sec. 376. Milk Inspector; Duties—That the Milk Inspect- 
or shall be under the direction, supervision and control of the 
City Chemist and Bacteriologist, and shall be charged with the 
enforcement of all ordinances regulating the sale of milk and 
milk products; the sanitary condition of milk and milk prod- 
ucts, and all other ordinances wherein he is specially named, 
and shall perform and discharge such other duties as he may 
. be called upon to perform by the Board of Health, City Chem- 
ist and Bacteriologist, Health Officer, Mayor or City Council. 
(Id., Sec. 9.) 


Sec. 377. Quarantine Inspector; Duties—That the Quar- 
antine Inspector shall be under the direction, supervision 
and control of the Board of Health and the Health Officer, and 
shall perform such duties as he may be called upon to perform 
by it or him, or by the Mayor or City Council. (Id., Sec. 10.) 


Sec. 378. City Scavenger; Official Bond; Duties; Powers; 
_. Authority—That the City Scavenger shall be under the direc- 
tion, supervision and control of the Health Officer, and shall 
perform such duties under his direction and the direction of 
the Board of Health as are now or may hereafter be imposed 
upon him by the ordinances. The said City Scavenger shall 
enter into a bond payable to the City of Houston with three 
(3) good and sufficient sureties or a surety company author- 
ized to do business in Texas, in the sum of Two Thousand 
Dollars ($2000.00), to be approved by the Mayor, conditioned 
that he shall faithfully perform and discharge all of the duties 
now or which may hereafter be required of him by law, or 
by the Charter and ordinances of the City of Houston, or by 
the Mayor or by the City Council, or by the Board of Health, 
or by the Health Officer, and that he shall pay over and 


182 Revised Code of Ordinances 


properly account for all moneys received or collected by him 
or his department for the city. The said bond shall provide 
that all the conditions are to be performed in Harris County, 
Texas, and that suit thereon may be prosecuted and maintained 
in said Harris County, Texas, and that in case of a recovery 
thereon, the obligors agree to pay the expense incurred by, 
or imposed upon, the said City of Houston in or about the 
collection thereof, including a reasonable attorney’s fee, and 
that said bond shall not become void until the whole amount 
thereof has been exhausted. He shall, with the approval of 
the Mayor and Health Officer, make suitable rules and regula- 
tions for the proper working of the scavenger carts or wagons 
and shall direct, control and supervise the work of the sanitary 
inspectors engaged in the scavenger work, and shall look after 
the upkeep and the care of the harness, tools and other equip- 
ment and animals of said department, and generally oversee 
and look after the proper working of the sanitary inspectors 
and other employees and carts and wagons in his branch of 
the Health Department. (Id., Sec. 11.) 


Sec. 379. Superintendent of Garbage; Duties—That the 
Superintendent of Garbage shall be under the direction, super- . 
vision and control of the Board of Health and the Health 
Officer, and he shall diligently superintend the works of both 
men and teams engaged in the removal of garbage and while 
so doing he shall carefully note the condition of streets, bridges 
and crossings throughout the city and report the same to the 
Street Commissioner, and shall perform such other duties as 
may be required of him by the Board of Health, Health Officer, 
Mayor or City Council. (Id., Sec. 12.) : 


Sec. 380. Chief Sanitary Inspector; Duties; Authority— 
That the Chief Sanitary Inspector, or Chief Health Inspector, 
shall be the executive head of the sanitary inspectors, and 
under the direction, supervision and control of the Health 
Officer and the Board of Health; and shall have direction, 
supervision and control over them, with the exception of those 
engaged in the Scavenger branch; that he and the sanitary 
inspectors shall also perform and discharge such other duties 
as they may be called upon to perform by the Board of Health 
or the Health Officer; the Chief Sanitary Inspector shall have 
all the power and shall perform all the duties of a sanitary 
inspector. (lId., Sec. 13.) 


Sec. 381. Sanitary or Health Inspectors; Duties; Au- 
thority; Badges; Definition Terms; Offense to Fail or Refuse 


of the City of Houston 153 


to Obey; Penalty; Bond of Those Working Under City 
Scavenger—That the sanitary inspectors, in addition to the 
duties which they are already charged with performing, and 
the authority conferred upon them by the ordinances and 
such other duties as they may be directed to perform by the 
Board of Health or Health Officer, shall perform and discharge 
the duties and exercise authority as follows: 


(a) They shall have the right and it shall be their duty to 
enter upon the premises, dwellings and the outhouses of any 
and all persons of the City of Houston to inspect same and to 
enter the residences, dwellings, business houses or places of 
business, or houses of whatsoever nature where there are 
water connections, to inspect said water connections and 
premises generally, provided, that application be first made to 
the owner or occupant of said premises for permission to enter 
for the inspection of same, and to order the removal of any 
nuisance or any substance likely to create a nuisance or to 
be injurious to the public health, and to order any repairs 
necessary to prevent the waste of water, of any water connec- 
tions in and upon said premises; said sanitary inspectors or 
~ health inspectors shall generally assist in enforcing the health 
ordinances and the adopted sanitary rules of the city, and 
shall be vested with all the powers of ordinary policemen 
or peace officers, with the right and privilege to make arrests 
for violations of law, and it is made their duty to make arrests 
in cases where other police officers of the City of Houston are 
authorized so to do, and shall perform such other duties as 
may be required of them by the Mayor or City Council of the 
City of Houston. 


Upon refusal of any owner or occupant of any premises to 
allow any sanitary inspector or health inspector to enter 
same for the purpose of making any inspections, it shall be 
the duty of said sanitary inspector and health inspector to 
report said refusal, giving the name and city address of the 
occupant of said premises to the Water Commissioner, who is 
hereby, in addition to other penalties provided by the ordi- 
nances, empowered .to discontinue the water supply of said 
owner or occupant so refusing to allow any inspection by a 
sanitary inspector. | 


(b) They shall wear a badge of the size and pattern now 
used by the police officers of said city, on which shall appear 
the words “Sanitary Police,” together with the number of the 
badge engraved thereon. 


154 Revised Code of Ordinances 


(c) The terms ‘Sanitary Inspector,” “Health Inspector’ 
and “Sanitary Policeman” are used interchangeably and de- 
note and indicate the same officers. 

(d) That any person who shall fail or refuse to obey the 
orders of a sanitary inspector or health inspector, respecting 
the removal of a nuisance, or the cleaning of premises, or the 
cutting of weeds and grass as required in this Code of Ordi- 
nances, after due notice to do so has been given in writing to 
said person to remove such nuisance, or clean such premises, 
or cut such weeds and grass, shall, upon the expiration of 24 
hours after the time specified in said written notice within 
which said work shall be done, be subject to a fine of not 
less than One Dollar ($1.00) and not exceeding Ten Dollars 
($10.00) ; said fine to be imposed in the Corporation Court 
of the City of Houston, and each day’s disobedience of such 
order or failure to clean such premises, remove the nuisance 
or cut the weeds and grass, as may be ordered, shall constitute 
a separate offense. ; 

(e) That each sanitary inspector working under the City 
Scavenger shall make to him, at the close of each day, a report 
showing what premises he has inspected that day; and he_ 
shall also, each day, report to the City Scavenger and pay in 
to him, all money collected by him for the city; said report 
shall show the name and address of all persons from whom 
any money has been collected and for what purpose the money 
was collected. That such sanitary inspector so working under 
the City Scavenger shall enter into a bond in the sum of 
Five Hundred Dollars ($500.00), payable to the City of Hous- 
ton, executed, conditioned and payable in all respects as the 
bond required to be executed by the City Scavenger. Said 
bond shall also provide that if the City Scavenger is required 
to pay to the City of Houston any amount on account of money 
collected by said inspector and not paid into the city, then 
such City Scavenger, his heirs, assigns or bondsmen shall 
each have a cause of action for such amount so paid, on said 
bond and against the sureties thereon. (Id., Sec. 14.) 


Sec. 382. City Druggist; Duties—That the City Druggist 
shall be a person skilled in the science of pharmacy and a 
practical pharmacist and druggist, and shall perform and 
discharge such duties as are now or may be prescribed by 
the Board of Health, or Health Officer, and shall fill the pre- 
scriptions of the Health Officer and, under the direction, 
supervision and control of the Health Officer, shall have charge 
of the City Dispensary; the keeping of all records and vital 


of the City of Houston 155 


statistics, and shall perform the duty of Chief Clerk to the 
Health Officer. (Id., Sec. 16.) 


Sec. 383. Salaries of Officers and Employees—The 
monthly salaries of the officers and employees of the Health 
Department, beginning with the month of March, 1914, shall 
be as follows: 


LGR ICO) PN CET ea necs oe ae RO tee hee ene Mae $300.00 
EX SSISCONUPELCLGIT OL NCe Ten ate me ga) gn SAC 125.00 
City Chemist and Bacteriologist..0 0... 150.00 
OIE VR OCAVELID C turer Mi nian amie arg er tel eg at Pe 150.00 
NET Kee LTS DCCUO Tee ames meen noe ee iy BOER) Lets 115.00 
CITY LOTUS OTR Eee ee eee ee Cheney A Io 115.00 
SAVE W MEU UR UNE! Gl BEES SG KAT ey Sut a a acl MMR We SES 115.00 
Superintendent of Garbage... 135.00 
Ciibtematitalys | MSpectonses a ee ea nee, 125.00 
Sanibel ny ls DEC LOLS ee some nt ser et aR 100.00 
rebel TSNeC LO tar ce er Nee 100.00 
Clerk of the Scavenger Division. 00... 100.00 


Provided, that hereafter the salaries of Sanitary and Garbage 
Inspectors each shall be graduated and paid at the following 
rate on the following conditions: For the first twelve (12) 
months he shall receive $75.00 per month, and if he be able 
to show a good report for obedience, attention to duty and 
efficiency, and can stand the necessary examination prescribed 
by the Civil Service Commission, he shall then be paid $87.50 
per month, and at the end of the next six months’ period, if 
he is able to show a good report for obedience, attention to 
duty and efficiency, and can stand the required examination 
prescribed by the Civil Service Commission, he shall then be 
considered a “full fledged’? inspector, and shall thereafter be 
entitled to be paid the sum of $100.00 per month, provided 
that the employees now serving the city as garbage and 
sanitary inspectors will continue to receive during their ser- 
vice the sum of $100.00 per month, but they will, nevertheless, 
be required to stand the examinations prescribed by the Civil 
Service Commission and be able to show a good report for 
obedience, attention to duty and efficiency required above. 
(Id., Sec. 16.) 


Sec. 384. Compensation of Other Employees—That the 
compensation of all other employees of the Health Department 
shall be such as may be fixed by the Mayor and City Council 
from time to time. (Id., Sec. 17.) 


e 


156 Revised Code of Ordinances 


Sec. 385. Bonds May Be Required of Other Officers and 
Employees—That the Health Officer and Mayor may require 
any officer or employee of the Health Department, handling, 
receiving or collecting moneys belonging to the City of Hous- 
ton, to execute and deliver to the City of Houston a bond in 
such sum as they may deem proper and sufficient, which bond 
shall be payable to the City of Houston, with at least three (3) 
good and sufficient sureties or a surety company authorized to 
do business in Texas, to be approved by the Mayor and to 
contain the same conditions and provisions as are provided for 
in the case of the City Scavenger, and further conditioned, giv- 
ing City Scavenger, or other officer responsible for the acts of 
such officer or employee, the same right of suit as provided 
in case of Sanitary Inspectors working under the City Scaven- 
ger. (Id., Sec. 18.) 


Sec. 386. Payment of Fees and Money Received and Col- 
lected—That all fees or moneys collected or received by of- 
ficers and employees of the Health Department or coming into 
their possession belonging to the City of Houston, shall be paid 
over to the Assessor and Collector of Taxes daily, and such 
daily and monthly reports made as are required by the ordi- 
nances. (Id., Sec. 19.) 


Sec. 387. Sanitary or Health Code to Control This Ar- 
ticle—That all ordinances: and parts of ordinances in con- 
flict herewith be and the same are hereby repealed, but it is 
not intended hereby to in any manner repeal or affect that 
certain ordinance establishing a sanitary. and health code 
passed by the City Council on January 26th, A. D. 1914, but 
such ordinance is to remain in full force and effect, and this 
ordinance is only for the purpose of creating and organizing 
a Health Department, and in case of any conflict between it 
and said Health Code, the latter shall control and govern. 
(Id.,; Sec. 20.) 


ARTICLE 2. 
BOARD OF HEALTH. 


Sec. 388. Creation; Composition; Appointment; Terms of 
Office; Health Officer, Ex-officio Member—There is hereby 
established for the City of Houston, Harris County, Texas, a 
Board of Health to consist of five representative physicians 
and one layman. No salary or other compensation shall be 
paid to members of said board. Four members shall constitute 
a quorum, but a less number may adjourn from time to time, 


of the City of Houston 157 


such adjourned meetings to have the same character as the 
original meeting would have had had it been held. Members of 
the said board shall be appointed by the Mayor, subject to con- 
firmation by the City Commissioners, and shall hold office for 
the term of two years, provided, that after the passage of 
this ordinance, three members shall be appointed for one year, 
the other three for two years, as vacancies occur. Vacancies 
occurring in the board shall be filled by the Mayor for the 
unexpired term. The City Health Officer shall be ex-officio 
a member of the Board of Health with the same privileges as 
other members. (Jan. 26, 1914; Ord. Bk. 4, pp. 41 et seq., 
Sec. 1, Par. 1.) 


Sec. 389. Meetings; Power to Make Orders at; Measures 
Preventing Spread Contagious Diseases; No Power to Create 
Liability Against City; Health Officer to Enforce Orders— 
. Said board shall hold at least one regular meeting each month, 
at such time and place as they may decide, and shall from time 
to time hold such special meetings as they may deem necessary 
and shall have power at such meetings to make all orders as 
they deem necessary for the maintenance of the public health, 
for cleansing or discontinuance of all groceries, breweries, cel- 
lars, factories, tanneries, stables, barns, privies, vaults, cess- 
pools, sewers, wells, slaughter houses, butcher shops, rendering 
and boiling establishments, pig pens, and all other nauseous 
or offensive buildings and structures, and the suppression and 
abatement of all nuisances, whether upon public grounds or 
private premises, affecting or endangering, in the opinion of 
the said board, the public health; take all necessary measures 
to prevent the spread of contagious diseases by requiring any 
and all persons to be vaccinated, by the fumigation or destruc- 
tion of infected buildings, and by the destruction of infected 
bedding and clothing. 

Provided, that no debt or liability against the city shall be 
incurred by said Board of Health unless the same be expressly 
authorized by the Mayor and Commissioners, by ordinance 
duly passed for that purpose. All orders of said board shall 
be executed and. enforced by the City Health Officer in per- 
son or in his name, or under his authority, by any patrolman 
or policeman of the city or by the sanitary inspectors. (Id., 
Sec. 1, Par. 2.) 


Sec. 390. City Secretary or Deputy to Keep Records, 
Etc.; Board to Elect President and Vice-President—The City 
Secretary, or his deputy, shall be secretary of the Board of 


158 Revised Code of Ordinances 


Health, and shall keep a full record of all acts, orders, resolu- 
tions, rules, regulations and proceedings of said board. The 
board shall at its first meeting, after the first of May in each 
year, elect from their number a president and vice-president, 
who shall hold office for the period of one year, or until their 
successors are elected and installed. (Id., Sec. 1, Par. 3.) 


Sec. 391. Committee on Public Charities; Rules and 
Regulations of; Monthly Report by Institutions Rendering 
Services—The president and two members of said Board of 
Health shall act as a Committee of Public Charities, and said 
committee shall prescribe such rules and regulations as they 
may deem proper, subject to the approval of the Mayor and 
Commissioners concerning the admission and care of patients 
to be maintained by city appropriations in the charitable in- 
stitutions of the city. And said committee shall require of all 
institutions receiving city appropriations a monthly report 
setting out the services rendered to said city patients. (ld., 
Sec. 1, Par. 4.) 


Sec. 392. Orders. of, Executed by Health Officer and As- 
sistants—The Health Officer of the city and his assistants shall 
execute the orders of the Board of Health, and the Health Offi- 
cer shall be ex-officio a member of the board. (Id., Sec. 1, 
Pare 


Sec. 393. Shall Make Orders and Regulations for Gov- 
ernment of—The Board of Health shall make such orders and 
regulations as it may deem necessary for its own government. 
(ids Sec. hl = Par Ge) 


Sec. 394. President Shall Appoint Standing Committees— 
The president shall appoint such standing committees as the 
needs may require. (Id., Sec. 1, Par. 7.) 


Sec. 395. Specific Duties of—The specific duties of the 
Board of Health shall be: 


(a) The prevention and abatement or suppression of 
nuisances. 


(b) Supervision of the collection and disposal of garbage 
and rubbish, and shall enforce the city ordinances concerning 
the collection and disposal of night soil. 

(c) Control of contagious and communicable diseases. 

(d) Preservation and classification of vital statistics. 


(e) The supervision of the water and food supply of the 
city. (Id., Sec. 1, Par. 8.) 


of the City of Houston 159 


ARTICLE 3. 
HEALTH OFFICER. 


Sec. 396. Executive Officer, Etc.; Duties—Subject to the 
approval of the City Council and the Board of Health, the 
Health Officer, as executive officer of the board, shall enforce 
the rules and regulations of the local and State Boards of 
Health. He shall supervise the work in each branch of the 
Department to the end of securing the best public service. He 
shall, personally, visit the market house and private markets, 
stock yards, slaughter houses, restaurants, bakeries, etc., to 
keep in touch with actual conditions, that he may better direct 
the work of the inspectors. He shall exact a daily report from 
each official of all work done outside of the office. He shall 
make special investigations as to the general sanitary condi- 
tions, and he shall report to the Mayor and the Board of Health 
in July and January upon such investigations, the same to in- 
clude housing of the poor, offensive trades, pollutions of 
streams, and like matters of sanitary interest. He shall insti- 
tute prosecutions under direction of the City Attorney for 
violation of any provision of the sanitary code of the State of 
Texas or of the City of Houston. (Jan. 26, 1914; Ord. Bk. 
4, pp. 41 et seq., Sec. 2, Par. a.) 


Sec. 397. Supervisor of Laboratory and Office Work—He 
shall have supervision of the laboratory and office work. (ld., 
sec, 2>Par..b.)<- 


Sec. 398. Harris County Tuberculosis Assn., Etc.—He 
shall obtain and keep on file monthly reports from the Harris 
County Tuberculosis Association, and all other‘charitable insti- 
tutions within the city, from the crematory contractor or oper- 
ator, from the Supervisor of Hygiene of Schools, and he shall 
embody the material portions of all reports in his monthly re- 
port to the board. (Id., Sec. 2, Par. c.) 


Sec. 399. Dairies, Etc., Power to Grant or Refuse Per- 
mits for—dHe shall, subject to the approval of the City Coun- 
cil, grant or refuse to grant permits to establish or conduct 
dairies, restaurants, bakeries, meat shops, or any other busi- 
ness involving the preparation or sale of food. (Id., Sec. 2, 
Par. d.) 


Sec. 400. Nuisances, Duties and Powers With Reference 
to—He shall, whenever it is ascertained that any nuisance or 
other condition detrimental to the public health exists on any 


= 


160 Revised Code of Ordinances 


premises, or in any building or other place, serve written no- 
tice upon the owner, occupant, or other person in charge of 
such premises, building or other place, to abate or remove said 
nuisance or condition within a reasonable time, such time to 
be stated in said notice, and, upon refusal or neglect to obey 
orders, he shall take such steps as shall be provided in this © 
Code to secure the enforcement of the order. (Id., Sec. 2, 
Par. e.) 


Sec. 401. Permits, Shall Revoke When—The Health Of- 
ficer shall, at the direction of the Board of Health, or the 
Mayor, revoke any permit to any person who has failed or re- 
fused to comply with the requirements of the provisions of the 
sections relating to the performance of the act for which the 
permit was issued. (lId., Sec. 2, Par. f.) 


Sec. 402. Record Inspections and Analyses—The Health 
Officer shall keep and file suitable records of all inspections 
and analyses provided for in this chapter. (Id., Sec. 2, Par. g.) 


Sec. 403. Hospitals, Etc., Shall Visit; Duties With Ref- 
erence Thereto—The Health Officer shall visit all public 
wards of the hospitals in the city at least once in each month 
and oftener if necessary, and he shall note in each: Over- 
crowding, food, cleanliness, ventilation and attention, and he 
shall record, report and file such notes. He shall visit the 
eruptive (isolation) hospital at least once in each month, or 
as often as shall be necessary, and he shall record, report and 
file his notes of each visit. (Id., Sec. 2, Par. h.) 


Sec. 404, Reports to Board of Health—The Health Officer 
shall make monthly report to the Board of Health of all work 
done by the Health Department. (lId., Sec. 2, Par. i.) 


Sec. 405. General Duties—The Health Officer shall per- 
form all other acts necessary to the proper enforcement of the 
several sections of this chapter. (Id., Sec. 2, Par. j.) 


Sec. 406. Vaccine, Anti-Toxins and Serums; Vaccina- 
tion and Administration—He shall keep on hand at all times 
a sufficient quantity of good vaccine matter, and vaccinate all 
individuals presenting themselves for the purpose, and also — 
keep on hand a sufficient supply of anti-toxins and serums as 
have proven efficacious in treatment, as his judgment, or the 
judgment of the Board of Health, shall determine to be ad- 
visable, and shall administer the same when necessary, free of 
charge. All such vaccines, anti-toxins and serums to be pur- 
chased at the cost of the city. (l1d., Sec. 2, Par. k.) 


we 


of the City of Houston 161 


ARTICLE 4. 


CiTy CHEMIST AND BACTERIOLOGIST, ETC. 


Sec. 407. City Chemist and Bacteriologist—(a) The City 
Bacteriologist and Chemist shall make such bacteriological 
and chemical examinations as may be directed by the Mayor, 
City Health Officer or City Board of Health. These shall in- 
clude examinations for diphtheria, typhoid fever, tuberculosis, 
meningitis, and such other contagious diseases, and shall exam- 
ine the water supply, milk and ice cream, meat, fish and other 
foods of the city as directed. 


(b) He shall be furnished with a well equipped laboratory 
at the cost of the city. (Jan. 26, 1914; Ord. Bk. 4, p. 41 et 
seq., Sec. 2, Par. 2.) 


Sec. 408. The Harris County Tuberculosis Society—The 
Harris County Tuberculosis Society shall make monthly re- 
ports to the Health Officer of work done within the city. (ld., 
Sec. 2, Par. 3.) 


Sec. 409. The Supervisor of Hygiene of Schools—The 
Supervisor of Hygiene of Schools shall make monthly rboTs 
to the Health Officer. (ids Sec;. 2, :Par.-4,) 


ARTICLE 5. 
NUISANCES. 


Sec. 410. General Definition—Whatever is dangerous to 
human health, whatever renders the ground, the water, the 
air, or food a hazard or an injury to human health, is hereby 
declared to be a nuisance, and the following specific acts, con- 
ditions and things are, each and all of them, hereby prohibited 
and made unlawful. (Jan. 26, 1913; Ord. Bk. 4, pp. 41 et seq., 
Sec. 3.) 


Sec. 411. Specific Nuisances; Foul, Decaying or Putre-. 
scent Substances, Etc.; Overflow from Foul Liquids; Escape 
of Gases—The deposit or accumulation of any foul, decaying 
or putrescent substance or other offensive matter, in or upon 
any lot, street or highway, or in or upon any public or private 
place; the overflow of any foul liquids, or the escape of any 
gases to such an extent that the same, or any one of them, shall 
become, or be likely to become, hazardous to health; or that 
the same shall, by reason of offensive odors, become a source 
of discomfort to persons living or passing in the vicinity 
thereof. (lId., Sec. 3, Par. 1.) 


162 Revised Code of Ordinances 


Sec. 412. Specific Nuisances; Polluted Wells, Etc.—A pol- 
luted well, or cistern, spring or stream, or the pollution of any 
body of water used for drinking purposes. (Id., Sec. 3, Par. 2.) 


Sec. 413. Specific Nuisances; Privy Vaults, Etc.—The 
maintenance of any privy vault or cesspool, except as provided 
in this chapter. (ld., Sec. 3, Par. 3.) 


Sec. 414. Specific Nuisances; Buildings or Rooms; Un- 
cleanliness or Crowding; Cubic Feet of Air—Keeping any 
building or room in such a state of uncleanliness or the crowd- 
ing of persons in any building or room in such a manner as 
to endanger the health of the persons dwelling therein, or so 
that there shall be less than four hundred (400) cubic feet of 
air to each adult, and one hundred and fifty (150) cubic feet 
of air to each child under twelve years of age occupying such 
building or room. (Id., Sec. 3, Par. 4.) 


Sec. 415. Specific Nuisances; Cellars as Sleeping 
Rooms—aAllowing cellars to be used as sleeping rooms. (ld., 
Sec. 3, Par. 5.) 


Sec. 416. Specific Nuisances; Buildings, Etc., as Dwell- 
ings, Not Lighted, Etc., by One Window; Not Supplied Pure 
Water—A building or portion of a building occupied as a 
dwelling which is not lighted and ventilated by means of at 
least one window in each room, said window opening to the 
outer air; which is not provided with a plentiful supply of 
pure water. (Id., Sec. 3, Par. 6.) 


Sec. 417. Specific Nuisances; Accumulation Manure— 
The accumulation of manure, unless it be a properly con- 
structed pit or receptacle. (Id., Sec. 3, Par. 7.) 


Sec. 418. Specific Nuisances; Accumulation Water, 
Breeding Mosquitoes—The accumulation of water in which 
mosquito larvae breed. (Id., Sec. 3, Par. 8.) 


Sec. 419. Specific Nuisances; Roller Towels in Public 
Places Used More Than One—The maintenance, in a public 
place, of a roller towel for the use of more than one person. 
(Id., Sec. 3, Par. 9.) 


Sec. 420. Specific Nuisances; Slopping, Etc., Cattle, Etc., 
on Distillery Swill, in Sanitary Limits Unless—The slopping 
or feeding of cattle or other animals on distillery swill, within 
the sanitary limits of the city, unless the enclosure wherein 
such slopping or feeding is done be provided with means*for 


of the City of Houston 163 


preventing and removing the unsanitary conditions associated 
with such slopping or feeding. (ld., Sec. 3, Par. 10.) 


Sec. 421. Specific Nuisances; Penalties—Any person, 
firm, corporation or agent who causes, suffers or permits any 
nuisance as defined in the next preceding ten sections shall be 
deemed guilty of an offense, and shall, upon conviction, be fined 
not less than Ten Dollars ($10.00) nor more than One Hun- 
dred Dollars ($100.00), and each day’s continuance of any 
such nuisance or condition shall be a separate offense. 


Sec. 422. Burials in Potter’s Field Prohibited—The burial 
of dead bodies in what is known as the “Potter’s Field,” in 
the City of Houston, Harris County, Texas, is hereby de- 
clared a nuisance, and unlawful, and any and all persons, firms, 
associations of persons, private and municipal corporations, 
_ are prohibited from burying dead bodies in said ‘“Potter’s 
Field.” 


Sec. 423. Penalty—Any person, firm, association of per- 
sons, private or municipal corporations violating the next 
preceding section shall, upon conviction, be fined in any sum 
not less than Fifty Dollars ($50.00) and not exceeding Two 
Hundred Dollars ($200.00). 


Sec. 424. Stagnant Water, Standing, Etc.; Penalty—aAll 
owners of yards, lots, blocks or other grounds within the City 
of Houston, and all persons renting or leasing any lots; yards, 
blocks or other grounds within the City, are forbidden to suf- 
fer stagnant water to stand or remain on any of said prem- 
ises, and it shall be unlawful to allow water to accumulate and 
remain standing upon said premises for a longer period than 
three (3) days, unless the same shall be treated with crude 
carbolic acid in the proportion of one pint to the barrel, or 
petroleum or other germicide approved by the Health Officer 
of the City of Houston. 

Any person violating any of the provisions of this section 
shall, upon conviction, be fined not less than Five Dollars 
($5.00) nor more than Twenty Dollars ($20.00) for each of- 
fense, and each day any person suffers water to stand upon 
said premises contrary to the provisions of this section shall 
constitute a separate offense. (Amendment Art. 394, Aug. 
9, 1905; Ord. Bk. 2, p. 229, Sec. 1.) 


Sec. 425. Screening, Etc., of Cisterns, Etc.; Penalty— 
That it shall be unlawful to own, use, keep or maintain, in 
the City of Houston, any cistern or other receptacle for the 


164 Revised Code of Ordinances 


storing of or that contains water, or in which water is kept 
for more than three days, without having the top of such cis- 
tern or other receptacle closed over securely by a cover of 
wood or other durable material, or by a wire screen or wire 
gauze.or cloth netting, or by both, such cover and wire screen 
or wire gauze and cloth netting so constructed and adjusted 
as to prevent any mosquitoes from entering into or having 
access to the water in such cistern or other receptacle, or from 
coming in contact with the water therein. Any person or per- 
sons who shall use, keep or maintain any cistern or other re- 
ceptacle for the storing of, or that contains water, or in which 
water is kept for more than three days, within the City of 
Houston, without having the same covered or screened, as 
herein provided, shall, upon conviction, be fined not exceeding 
Ten Dollars ($10.00) for each violation thereof, and every day 
that such cistern or other receptacle shall remain without such 
covering or screening shall constitute a separate offense. (July 
31, 1905; Ord. Bk. 2, p. 228, Sec. 1.) 


Sec. 426. Construction Preceding Section—Nothing in 
the preceding section shall be construed to require the cover- 
ing over and screening of cisterns or other receptacles contain- 
ing water kept for fire extinguishing purposes, provided, the 
water therein contained shall be mixed with crude carbolic 
acid in the proportion of one pint to the barrel, or other germ- 
icide approved by the Health Physician of Houston, so as to 
prevent the breeding of mosquitoes in said water. Nor shall 
such section be construed to require the covering over or 
screening of fish tanks or other vessels containing water used 
for the keeping of fish, provided, the water in such tanks or 
other vessels shall be supplied with small fish in sufficient 
numbers to devour or destroy all the eggs and larvae of the 
mosquitoes. Nor shall such section be construed to require 
the covering over or screening of fountains, stock troughs or 
other vessels kept for animals to drink out of, provided, said 
troughs or other vessels are emptied and cleaned at least once 
in three days, or the water therein is kept supplied with small 
fish in sufficient numbers to devour or destroy mosquito eggs 
or larvae therein. (Id., Sec. 2.) : 


Sec. 427. Owners of Lots, Etc., Must Have Grass and 
Weeds Cut; Penalty—It shall be the duty of every owner or 
occupant of any lot or parcel of ground within the limits of 
the city to keep the same free of and clear from weeds and tall 
grass, and also to keep the sidewalks in front of and around 
the same free and clear from weeds and tall grass from the 


of the City of Houston 165 


line of said lot or parcel of ground to the established curb line 
next adjacent thereto, and any person who shall fail or neglect 
to comply with the provisions of this section within twenty- 
four hours after being notified to do so by the Mayor, Health 
Officer, any Health Inspector, Chief of Police, or any police- 
man, either in person or by postal card, shall be punished by a 
fine of not less than ten nor more than one hundred dollars, 
and each day’s delay after such notice shall have been given 
shall be deemed a separate offense. (Code 1904, Art. 380.) 


Sec. 428. Duty of Health Officer to Have Weeds, Etc., 
Destroyed; Disposition of Fines—lIt shall be the duty of the 
Health Officer to cause to be cut down all weeds and other 
annual growth in the streets, ditches and street crossings with- 
in the limits of the city, and to have such weeds and annual 
growth gathered together and burned as soon as the same 
can be burned. (lId., Art. 381.) 


Sec. 429. Spitting on Sidewalks, Etc., Prohibited—The 
spitting upon sidewalks, cross walks, the floors of churches, 
public halls, theatres, street cars or other public places, is 
hereby declared a nuisance. Provided, the spitting in and 
upon the streets is not hereby included in the words ‘‘other 
public places,” but only “other public places” of the character 
specifically enumerated. (Id., Art. 387.) 


Sec. 430. Penalty—Any one violating any of the provi- 
sions of the next preceding section shall, upon conviction, be 
fined not less than one nor more than one hundred dollars for 
each and every such violation. (Id., Art. 389.) 


ARTICLE 6. 
STABLES. 


Sec. 431. Screened Receptacle to Be Maintained, Etc., 
Into Which Manure Must Be Placed—Every person, firm, — 
corporation or agent, owning or leasing any stable or other 
building where any horse, mule or any cattle are kept, shall 
maintain a substantial and sufficient receptacle which must 
be so constructed and kept as to protect the contents from 
rain, and to be so screened as to prevent access to flies, and 
all manure from such horse, mule or cattle must be placed in 
such receptacle. (Jan. 26, 1914; Ord. Bk. 4, pp..41 et seq., 
pec. 4, Par. 1.)_ 


Sec. 432. Removal Manure From, Where More Than Six 
Head, How Often, Etc.; Manure Shall Not Be Thrown in AIl- 


1& 


166 Revised Code of Ordinances 


ley, Etc.—All persons owning or leasing any stable where 
more than six head of horses, mules or cattle are kept shall 
have all manure from such animals removed from their prem- 
ises twice in each week, from the first of May to the thirtieth 
of September, and at no time shall the same be allowed to ac- 
cumulate in such a manner as to be a nuisance. In no event 
or circumstance shall any manure be thrown or deposited in 
any alley, street or public place, or suffered to remain in such 
places. (Id., Sec. 4, Par. 2.) 


Sec. 433. Shall Be Kept in Clean Condition—Every owner 
or lessee of any stable shall at all times keep or cause to be 
kept, the building and premises in a clean and sanitary condi- 
tion. “-(idisiséee.4bares.) 


Sec. 434. In Hauling Manure Shall Not Allow Litter 
Streets—-No person hauling manure through the streets shall 
permit the same to litter the streets. (Id., Sec. 4, Par. 4.) 


Sec. 435. Penalty—Any person, firm, corporation or agent 
violating any of the next four preceding sections shall upon 
conviction be fined not less than Ten Dollars ($10.00) nor more 
than One Hundred Dollars ($100.00), and each day’s continu- 
ance of any such nuisance or condition shall be a separate of- 
fense. (Id., Sec. 4, Par. 5.) 


ARTICLE? 
BARBER SHOPS. 


Sec. 436. Regulations Governing; Copy This Section to 
Be Posted in—Every barber’s shop within*the City of Houston 
shall be open to this board for inspection at any time, and the 
following rules shall be observed therein: 


(a) All barber shops, together with all furniture, shall 
be kept in a clean and sanitary condition. 

(b) Mugs, razors, scissors, clipping machines, pincers, 
needles and other instruments shall be sterilized in such man- 
ner as may be required by the Health Officer, after each sep- 
arate use. Combs, brushes and shaving brushes shall be steril- 
ized as may be required by the Health Officer, all hot towels 
used in shaving shall be first thoroughly sterilized before using. 


(c) Clean towels shall be used for each person. 


(d) All material used to stop the flow of blood shall be 
applied on a clean towel, or other clean cloth. 


of the City of Houston’ 167 


-(e) The use of powder puffs and sponges is prohibited, 
except that a sponge or puff owned by a customer may be used 
on him. 

(f) Every barber shall thoroughly cleanse his hands im- 
mediately before serving each customer. } 

(g) Every barber’s shop shall be well ventilated and pro- 
vided with hot and cold water. | 

(h) No barber’s shop shall be used as a sleeping room. 
No person shall be employed or shall operate as a barber who 
has any communicable disease. 

(i) <A copy of this article shall be posted in plain view in 
every barber’s shop. (Jan. 26, 1914; Ord. Bk. 4, pp. 41 et 
seq., Sec. 5, Par. 1.) 


Sec. 437. Penalty—Any person, firm, corporation, or 
agent violating any provision of the next preceding section, or 
who shall suffer, cause or permit the happening or occurring of 
any of the things mentioned in said next preceding section, 
shall be guilty of an offense and shall, upon conviction, be 
fined not less than Ten Dollars ($10.00) nor more than One 
Hundred Dollars ($100.00), and each day’s continuance of 
any such nuisance or condition shall be a separate offense. 
(Id-.- Sec: 5,-Par-:2:) 


ARTICLE 8. 
GARBAGE, ETC. 


Sec. 438. Portable Vessels, Etc., for Reception—It shall 
be the duty of every resident, householder, tenant, hotel keeper, 
boardinghouse keeper, retail dealer, or agent of such persons, 
and all parties or persons occupying dwellings within the City 
of Houston, to provide, or cause to be provided, and at all times 
to keep, or cause to be kept, portable vessels or tanks for hold- 
ing garbage, said vessels or tanks to be perfectly water-tight, 
and provided with handles on the outside and a closely fitting 
cover, which cover shall not be removed except when abso- 
lutely necessary. Said vessels or tanks shall be kept in the 
rear of the premises, or in passageways most accessible to the 
collector, and shall be of capacity of not more than two bushels. 
All such vessels, where not easily accessible, shall be promptly 
delivered to the collector when called for, and shall be re- © 
turned by him to their respective places without unnecessary 
delay, and no person shall in any manner interfere with said 
vessels or tanks, or the contents thereof, except those author- 


168 Revised Code of Ordinances 


ized for such duty. (Jan. 26, 1914; Ord. Bk. 4, pp. 41 et seq., 
Sec. 8, Par. 1.) 


Sec. 439. What Shall Not Be Deposited in Vessels; When 
Collector May Refuse to Take—No resident, householder, 
tenant, hotel keeper, boardinghouse keeper, or agent of such 
person, or any other persons shall deposit in the garbage ves- 
sel or tank, any ashes, tin from roofs, old gutters, scrap iron, 
dead yard fowls, dogs, cats or other animals, or night soil, and 
the collector shall refuse to collect such garbage or dead ani- 
mals until all such refuse matter has been removed therefrom, 
and the collector shall report at once to the Health. Officer all 
such offenses. (Id., Sec. 8, Par. 2.) 


Sec. 440. Accumulation Manure, Etc., Prohibited—No 
manure or putrescible matter of any kind shall be permitted 
to accumulate in such a way as to become offensive or ob- 
jectionable. (Id., Sec. 8, Par. 3.) 


Sec. 441. Rubbish to Be Removed Daily; How—Rubbish 
shall be removed from all business premises every day, and as 
often as deemed necessary by Health Officer in residence dis- 
trict. “CldsiSee4or Pare) 


Sec. 442. Garbage, Etc., Not to Be Deposited, Etc., on 
Street, Etc.; Violation by Owner—No garbage, ashes, or rub- 
bish shall be thrown or deposited in any street or alley, and 
the presence of such upon any street or alley shall be held to 
constitute a violation of this section on the part of the owner 
or occupant of the property upon whose half of the street or 
alley such garbage, ashes or rubbish is permitted to lie for 
twenty-four hours. (lId., Sec. 8, Par. 5.) 


Sec. 443. Penalty—Any and every person, firm, corpora- 
tion or agent failing to perform the duties required of him, or 
to comply with the provisions of the next five preceding sec- 
tions shall, for every offense, upon conviction, be subject to 
a fine of not less than Five Dollars ($5.00) nor more than 
Fifty Dollars ($50.00), and each day’s continuance of any such 
nuisance or condition shall be a separate offense. (Id., Sec. 
8, Par. 6.) 


Sec. 444. Garbage Receptacles When Placed—Garbage 
receptacles, for ashes, refuse and trash to be removed by the 
garbage collector, shall be placed on the sidewalk, next to the 
curb, not later than 7 o’clock each morning except Sundays. 
The garbage carts shall begin their rounds not earlier than 7 
o’clock a. m. each day. (Code 1904, Art. 447.) 


of the City of Houston 169 


Sec. 445. Penalty—Any person who shall violate any of 
the provisions of the next preceding section shall be fined not 
less than Five nor more than Twenty-five Dollars. (Id., 
Art. 448.) 


Sec. 446. Quantity Garbage Removed Free of Cost; 
Charges for Balance—That there shall be removed from each 
place where garbage accumulates, free of cost to the owner, 
tenant, occupant or lessee thereof, all garbage accumulated 
within 36 hours, provided it does not exceed in quantity 
two (2) barrels of 42 gallons each capacity; all garbage in 
excess of two barrels shall be removed at the expense of the 
owner, tenant, occupant or lessee at a price not to’ exceed 
twenty-five cents per barrel. (Aug. 9, 1905; Ord. Bk. 2, p. 330, 
Sec. 2.) 


Sec. 447. Penalty—That any person who shall violate any 
of the provisions of the next preceding section by failing or 
refusing to pay fees for removal of excess garbage, shall be 
fined not less than Five nor more than Twenty-five Dollars, and 
each day shall constitute a separate offense. (Id., Sec. 3.) 


Sec. 448. Hauling of Slops or Kindred Matter Over the 
Streets of the City of Houston Between Certain Hours, and 
Penalty—The hauling of slops or kindred matter over the 
streets of the City of Houston, Harris County, Texas, be- 
tween the hours of 6 o’clock a. m. and 7 o’clock p. m. is hereby 
prohibited, and any person, firm or corporation so doing be- 
tween said hours is guilty of an offense, and, upon convic- 
tion, shall be fined in any sum not exceeding Fifty Dollars. 
(Code 1904, Art. 453.) 


ARTICLE 9. 
SWIMMING POOLS AND NATATORIUMS. 


Sec. 449. Regulations, Etc., This Article to Be Complied 
With; Duty Board of Health to Enforce—It shall be, and it 
is hereby declared, unlawful for any person, firm, corpora- 
tion or agent to conduct, manage, or maintain any natatorium, 
swimming pool, or tank in the City of Houston, or for any per- 
son to bathe in, or use any such natatorium, swimming pool 
or tank without complying with all the requirements, rules and 
regulations in this article contained for the protection and 
safety of the health and lives of the patrons of such natato- 
riums, pools or tanks. The Board of Health of the City of 
Houston, or their duly authorized agents, are hereby charged 


s 


170 Revised Code of Ordinances 


with the enforcement of the provisions of this article. (Jan. 
26, 1914; Ord. Bk. 4, p. —, Sec. 6, Par. 1.) 


Sec. 450. How Often Cleaned and Emptied—aAll pools or 
tanks shall be thoroughly cleansed at least once each week in 
a manner and by the use of such disinfecting agents or cleans- 
ing materials as may be required by the Board of Health, and 
all such pools or tanks shall be emptied and the water therein 
completely changed at least twice each week. (Id., Sec. 6, 
Barag:) 


Sec. 451. Sides and Bottoms to Be White—The sides and 
bottoms of all pools or tanks shall be white, so that objects 
may be clearly seen, so far as possible in all portions of the 
pool or tank. (Id., Sec. 6, Par. 3.) 


Sec. 452. Intoxicated Persone and Those Afflicted With 
Certain Diseases Not to Be Permitted to Use—No intoxicated 
person, or one afflicted with tuberculosis, abscesses, venereal 
or other infectious or contagious disease, shall use or be per- 
mitted to use any swimming pool or tank. (ld., Sec. 6, Par. 4.) 


Sec. 453. Person Before Entering to Thoroughly Cleanse 
the Body, Etc.—AlIl persons before entering any public swim- 
ming pool or tank shall be required to thoroughly cleanse the 
body through the use of the shower or other similar device 
maintained and used for such purpose. (Id., Sec. 6, Par. 5.) 


Sec. 454. Changes in Construction; How and When 
Made—tThat all the provisions of this article requiring 
changes or alterations in construction in natatoriums, swim- 
ming pools, or tanks, and the installation of filters, shall be 
carried out as required by the Board of Health, but all such 
changes, alterations and installations must be made and fully 
completed and installed within six months from the time of 
the taking effect of this article. (Id., Sec. 6, Par. 6.) 


Sec. 455. Hereafter Plans for, to Be Approved by Board 
of Health—That hereafter, before the construction of any 
natatorium, swimming pool or tank, the plans and specifica- 
tions for such structure shall be submitted to, and approved 
by, the Board of Health before a permit therefor shall be is- 
sued by the building department. (lId., Sec. 6, Par. 7.) 


Sec. 456. Smoking and Chewing Tobacco Forbidden 
Around Tank, Etc.; Spitting, Etc., in Water of, Prohibited; 
Sirens to Be Posted—No patron, attendant, instructor or other 
person while bathing, or while engaged or working in or about 


of the City of Houston lifal! 


any pool or tank shall smoke or chew tobacco in any form, and 
it shall be unlawful for any person to expectorate in the water 
of any tank or pool, or to blow the nose therein, or in any other 
place than in cuspidors provided for such purpose, and con- 
spicuous signs shall be posted in all such natatoriums, pools or 
tanks calling attention to the fact that spitting is prohibited 
except in cuspidors and showing the places where such cuspi- 
dors are located. (Id., Sec. 6, Par. 8.) 


Sec. 457. Copy This Article to Be Posted, Etc.—That a 
copy of this article shall be posted and kept in a conspicuous 
place in all natatoriums, swimming pools and tanks for the 
guidance and information of the public and patrons of such 
places. (Id., Sec. 6, Par. 9.) 


Sec. 458. Penalty—That any person, firm, corporation or 
agent violating or failing to comply with any of the provisions 
of this article shall be deemed guilty of a misdemeanor, and 
upon conviction shall be fined in any sum not less than Ten 
Dollars ($10.00) nor more than One MHundred Dollars 
($100.00). (Id., Sec. 6, Par. 10.) 


ARTICLE 10. 
STREET CARS, ETC. 


Sec. 459. Shall Be Cleaned Daily—All city and interurban 
ears shall be thoroughly cleaned once each day, and shall be 
kept in a sanitary condition. (Jan. 26, 1914; Ord. Bk. 4, 
pp. 41 et seq., Sec. 7, Par. 1.) 


Sec. 460. Penalty—Any person, firm, corporation or 
agent violating the next preceding section shall, upon convic- 
tion, be fined not less than Ten Dollars ($10.00) nor more than 
One Hundred Dollars ($100.00), and each day’s continuance 
of any such nuisance or condition shall be a separate offense. 
(Id., Sec. 7, Par. 2.) 


ARTICLE 11. 
SEWAGE. 


Sec. 461. Connections With Sewers by Buildings, Etc., 
Within 300 Feet; Penalty—Every building situate on any 
street in the City of Houston where there is a public sanitary 
sewer supplied with water, shall be connected with said sewer 
in accordance with the ordinances of the city governing such 
connections, so that all sewage from the premises shall empty 
into the sewer, provided, that such building is used, or in- 
tended to be used, as a dwelling, or in which persons are em- 


TTe Revised Code of Ordinances 


ployed, or intended to be employed, in any manufacture, trade 
or business. It is hereby made the duty of each owner of any 
such building to cause the same to be connected with any 
public sewer. The property owners, who own real property 
within the distance of three hundred (300) feet of any public 
main or lateral sewer shall, upon notice in writing to do so 
from the City Health Officer, make proper and permanent 
sewer connections with said sewers, and remove all surface 
privies and cesspools; and any person owning such real prop- 
erty who, after being given reasonable notice by order of the 
City Health Officer, shall fail to connect with said sewers, — 
or remove or fill such privies or cesspools, shall be punished 
by a fine of not less than Five Dollars ($5.00) nor more than 
Fifty Dollars ($50.00), and each day such failure shall con- 
tinue shall constitute a separate offense. (Jan. 26, 1914; 
Ord. Bk. 4, pp. 41 et seq., Sec. 9, Par. 1.) . 


ARTICLE 12. 
PRIVIES, VAULTS, CLOSETS, CESSPOOLS, ETC. 


Sec. 462. Where No Sewer Connections, Must Be Privies 
With Water-Tight Boxes Above Ground—All buildings not 
connected with sewers, used as residences and occupied by one 
family, shall be provided with a privy located at a point access- 
ible to scavenger wagons and carts, and all parties having 
a privy or closet on their premises, are required to have suit- 
able water-tight boxes or receptacles overground to receive 
the night soil or human excrement. (Jan. 26, 1914; Ord. Bk. 
4, pp. 41 et seq., Sec. 10, Par. 1.) 


Sec. 463. .Privies, Distance From Streets and Party 
Lines—No privy or closet shall be constructed within twenty 
feet of any street, except it be an alley, or within three feet of 
any party line, or within twenty-five feet of any window or 
door of a residence. (Id., Sec. 10, Par. 2.) 


Sec. 464. One Privy for Each Family; Lodging Houses, 
Etc., One for Each Ten Persons; Capacity of Boxes—All 
buildings, not connected with sewers, used .as tenement or 
apartment houses, and occupied by more than one family, shall 
be provided with one privy or receptacle to receive the night 
soil or human excrement for each family. All buildings not con- 
nected with sewer, and used as lodging houses, hotels or board- 
ing houses, and all such buildings where persons work or are 
employed, shall be provided with not less than one seat and box 
or receptacle for each ten persons usually employed or lodged 
in such building. All closet boxes or receptacles shall have a 


of the City of Houston 173 


holding capacity of not less than four cubic feet, preferably 
one foot deep, one foot wide and four feet long. (Id., Sec. 
10,tPare3;) 


Sec. 465. Penalty—Any person violating either of the next 
three preceding sections shall be fined in any sum not less than 
One Dollar ($1.00) nor more than Fifty Dollars ($50.00). (Id., 
Sec. 10, Par. 4.) 


Sec. 466. Old Vaults, Etc., Not to Be Connected With 
Sewer; Filling of Vaults—No old vault, cesspool, or septic 
tank shall be connected with a sewer. Vaults existing on prem- 
ises abutting city sewer, and provided with city water, shall 
be cleaned within at least four feet from the surface and filled 
with earth and ashes or lime and its use discontinued. (ld., 
Sec: 10, Par. 5.) 


Sec. 467. City Scavenger, Etc., Only to Remove Night 
Soil, Etc.; Penalty—It shall be unlawful for any person other » 
than the City Scavenger, or those in his employ, to engage in 
the removal of night soil or pumping or otherwise cleaning 
any vault, cesspool or septic tank in the city, and any person 
so offending shall be fined not less than Ten Dollars ($10.00) 
nor more than Fifty Dollars ($50.00) for each offense. (Id., 
Sec. 10, Par. 6.) 


Sec. 468. Fees for Work; Notice to Pay Fees—That said 
City Scavenger shall be allowed to charge the following rates 
and no more: For one barrel, one dollar; for any fraction of 
a barrel, seventy-five cents; for any fraction of a barrel, over 
one barrel, seventy-five cents. A barrel as used in this article 
is defined to contain thirty gallons. Said fees to be payable in 
advance, and each sanitary inspector, wearing the badge of 
his office, is hereby authorized at the time of the inspection 
and condemnation of a closet or privy to determine the fee 
therefor and collect the same, issue a receipt therefor, and in 
case an occupant or owner is absent or not prepared to pay 
said fee at that time, the said sanitary inspector shall deliver 
to said owner or occupant, or leave on said premises, a notice 
to such owner or occupant to call at the City Scavenger’s office 
within five days from said date and pay the fee named therein 
in advance. (Id., Sec. 10, Par. 7.) 


Sec. 469. Fees for Pumping Cesspools, Etc.—The charges 
for pumping cesspools and septic tanks shall be fifty cents per 
barrel of thirty gallons for first ten barrels, and twenty-five 
cents per barrel for each barrel thereafter at any one pumping 
out. (Id., Sec. 10, Par. 8.) 


174 Revised Code of Ordinances 


Sec. 470. Penalties to Be Collected for Failure to Pay— 
If the above charges are not paid to the inspector or to the 
City Scavenger at his office within the five days, as above 
provided, or to the wagons when they come, a penalty of twen- 
ty-five cents will thereafter be collected for each barrel or frac- 
tion of a barrel as shown on inspector’s list. (lId., Sec. 10, 
Rar.-3;) 


Sec. 471. Penalty; City Scavenger May Look Wholly to 
Landlord—Any person who refuses or fails to pay the City 
Scavenger for the removal of night soil, the rate fixed by law 
for such removal, shall, upon conviction, be fined not less than 
One Dollar ($1.00) nor more than One Hundred Dollars 
($100.00). The City Scavenger, in the collection of the above 
fees for the removal of night soil, shall have the right to look 
wholly to the landlord and not to the tenant, if he sees fit. 
(Id., Sec. 10, Par. 10.) 


Sec. 472. City Scavenger Shall Notify Parties to Clean 
Privies, Etc.; Penalty; Notice by Health Officer, Etc.; Suffi- 
ciency—lIt shall be the duty of the City Scavenger, whenever 
in his judgment it may be necessary, to notify parties whose 
closets and privies, vaults, cesspools and septic tanks need 
cleaning to have the same cleaned within a certain time, using 
his discretion as to the limit, and any person who fails or re- 
fuses to have same cleaned within twenty-four hours by the 
Scavenger, or those in his employ, after the expiration of the 
time given by the City Scavenger in his notice, shall be deemed 
guilty of committing a nuisance, and shall be fined not less 
than One Dollar ($1.00) nor more than Fifty Dollars 
($50.00), and each day that the closet or privy, vaults, cess- 
pools and septic tanks shall remain uncleaned after the expi- 
ration of the time specified in the notice within which to clean, 
shall be deemed a separate offense and punishable as such. 

The above notice to clean may be given by the Health Offi- 
cer or by the Health Inspector acting for the City Scavenger, 
and it is sufficient either that the notice be left at the residence 
of the person whose closet is to be cleaned, or delivered to him 
or her in person, or mailed to last known residence. (Id., 
Sec210-Par,1.17) 


Sec. 473. Sanitary Inspectors—The Scavenger Depart- 
ment shall be provided with such number of sanitary inspec- 
tors as the Mayor or City Commissioners may, from time to 
time, determine is necessary, whose appointment shall be ap- 


of the City of Houston 175 


proved by the Mayor or City Commissioners. (Id., Sec. 10, 
Par. 12.) 


Sec. 474. Authority Board of Health, Etc., to Enter and 
Examine Cellars, Etc.; Recommendations as to Abatement, 
Etc., of Nuisances—The Board of Health, or any member 
thereof, the Health Officer, or any health inspector, the chief 
of police or his subordinates, shall have authority to enter and 
examine at any time cellars, cesspools, privies and drains, and 
all buildings, lots and places of all descriptions within the city 
for the purpose of ascertaining the condition thereof, so far 
as public health may be affected thereby. The Board of Health 
shall recommend to the City Health Officer and when neces- 
sary to the Mayor and Commissioners, the abatement, removal 
- or destruction of all nuisances in any building or on such 
premises. (Id., Sec. 1, Par. 9.) 

(N. B.—For penalty see Section 567.) 


Sec. 475. Scavenger Shall Keep Record—lIt shall be the 
duty of the City Scavenger to keep at his office a correct rec- 
ord of premises cleaned and amount charged therefor. (Code 
1904, Art. 429.) 


Sec. 476. Authority of Scavenger; Penalty—The City 
Scavenger, in all matters pertaining to privies, water closets, 
cesspools or septic tanks, shall have and exercise the same 
powers and duties as are by the ordinances conferred upon the 
Health Officer or the sanitary inspectors; and it shall be the 
duty of all persons to obey his orders or instructions in ref- 
erence thereto in the same manner as though such orders or 
instructions were given by either of said officers; and any per- 
son failing or neglecting so to do shall be liable to a fine of not 
less than One Dollar nor more than Ten Dollars. (—, Ord. 
Bk. 3, p. 498, Sec. —.) 


Sec. 477. Removal Shall Be Between Hours of Sunset and 
Sunrise; Penalties—It shall be unlawful for the City Scaven- 
ger of the City of Houston or those in his employ to remove or 
carry away the contents of any privy, vault or water closet, 
or any receptacle of human excrement, at any time except dur- 
ing the hours embraced between sunset and sunrise; provided, 
however, that in the removal of the contents of any privy, 
vault or water closet, or any receptacle for human excrement, 
the City Scavenger and those in his employ shall be required 
to use odorless, air-tight and sanitary barrels and proper dis- 
infectants, and for any violation of this section by the City 
Scavenger or those in his employ, the City Scavenger shall 


176 _ Revised Code of Ordinances 


be fined not less than Ten nor more than Fifty Dollars, to be 
recoverable before the Corporation Court of the City of Hous- 
ton. (Code 1904, Art. 428.) 


Sec. 478. Duty of Scavenger—It shall be the duty of the 
City Scavenger, under instructions from the Health Officer or 
Health Inspector, or whenever requested by any citizen after 
the tender of the fees as hereinbefore fixed, to remove the night 
soil from any private or public house or yard of the City of 
Houston, and to sprinkle lime or other disinfectants in and 
about the same; said night soil to be carried beyond the city . 
limits and deposited. (Id., Art. 426.) 


ARTICLE 18. 
PHYSICIANS, UNDERTAKERS AND MIDWIVES. 


Sec. 479. Shall Register Name, Etc., With Health Officer; 
Change of Address—Every practicing physician, undertaker 
and midwife shall register his name, address and the nature 
of his duties with the Health Officer, and shall notify the 
Health Officer of any change of address, and the Health Offi- 
cer shall send to each a copy of the State Law on Vital Statis- 
tics and a copy of Article 14 of this chapter. (Jan. 26, 1914; 
Ord. Bk. 4, pp. 41 et seq., Sec. 11, Par. 1.) 


Sec. 480. Penalty—Any person violating this article shall, 
upon conviction, be fined not less than Ten Dollars ($10.00) 
nor more than One Hundred Dollars ($100.00), and each day’s 
continuance of any such violation shall be a separate offense. 
(ide Sec lePar es) 


ARTICLE 14. 
CONTAGIOUS, INFECTIOUS AND PESTILENTIAL DISEASES. 


Sec. 481. Physicians Shall Report Certain Diseases; 
Physicians and Midwives Shall Report Infants Whose Eyes 
are Affected, Etc.—Every physician shall report in writing 
to the Board of Health the name of every patient he (or she) 
may have in the City of Houston with cholera, smallpox, 
typhus, typhoid, or scarlet fever, measles, tuberculosis in any 
form, varicella, whooping cough, epidemic dysentery, tracho- 
ma, ophthalmia-neonatorum, epidemic cerebro-spinal meningi- 
tis, pellagra, infantile paralysis, hookworm disease, rabies, 
tetanus, pneumonia or any other communicable disease that 
may be hereafter declared and published by the Board of 
Health to be dangerous to the public health, together with the 


of the City of Houston 177 


precise locality where such patient may be found, immediately 
after such physician shall have ascertained the nature of such 
disease. 

If any physician or midwife knows, or has reason to be- 
lieve, that one or both eyes of an infant whom or whose mother 
he (or she) is called to visit, or treat, has become inflamed, 
swollen and red and shows an unnatural discharge within two 
weeks after the birth of such infant, he (or she) shall, within 
six hours, give notice thereof to the Health Officer, or in his 
absence to the President of the Board of Health. (Jan. 26, 
1914; Ord. Bk. 4, pp. 41 et seq., Sec. 12, Par. 1.) 


Sec. 482. Placards to Be Posted by Board of Health 
Where Certain Diseases are Present—It shall be the duty of 
the Board of Health to cause a suitable placard to be displayed 
from the front of any premises where any case of measles, 
smallpox, scarlet fever, diphtheria, chicken pox, epidemic cere- 
bro-spinal meningitis or :vyhooping cough is present. It shall 
be unlawful for any person to remove such placard when so 
placed without the permission of the Board of Health and it 
shall be the duty of said board, in conjunction with the attend- 
ing physician, to issue the necessary instructions for the isola- 
tion of the patient. (Id., Sec. 12, Par. 2.) 


Sec. 483. Bodies of Persons Dying With Contagious Dis- 
eases, Etc., Burial Within 24 Hours; Funeral; Persons Pres- 
ent—Any bodies of persons dying of contagious diseases, the 
bodies of persons who have died of smallpox, cholera, plague, 
yellow fever, typhus, diphtheria, scarlet fever or other dan- 
gerous contagious diseases shall be buried within twenty-four 
hours after death (except by special permission of the Board 
of Health), and no public or church funeral shall be held in 
connection with the burial of persons who have died of any of 
the above named diseases, and the body of any such person 
shall not be taken into any church, chapel or any public place, 
and only the adult members of the family and such other per- 
sons as are actually necessary shall be present at the burial of 
such body. (Id., Sec. 12, Par. 3.) 


Sec. 484. Regulations for Management of in Hospitals; 
Isolation of Persons—The Board of Health shall have control 
of the hospitals for contagious diseases, and shall adopt rules 
and regulations for the proper management of same. Said 
board shall have authority to order and secure the removal and 
isolation of any person afflicted with a contagious disease. 
(id.;- Sec. 12, Par: 4°) 


ite) Revised Code of Ordinances 


Sec. 485. Guards of Premises Where Smallpox Patients; 
Penalty; Notice of Cases of Smallpox—Any person or persons 
having smallpox on his or her premises and unwilling to have 
such person or persons so afflicted moved to the smallpox hos- 
pital, shall be required to keep a guard on such premises at his 
or her expense, to prevent the spread of the disease, and failure 
to comply with the provisions of this section shall subject the 
offender to a fine of not less than Ten Dollars ($10.00) nor 
more than One Hundred Dollars ($100.00) for each day he or 
she fails to comply, and any owner or other person having 
eontrol of any house where there shall be one or more cases 
of smallpox, and who, knowing the same, shall fail to give no- 
tice thereof to the Board of Health within six hours after its 
discovery, shall, upon conviction, be subject to the penalties 
of this section. (Id., Sec. 12, Par. 5.) 


Sec. 486. Vaccination; Supervisor of Hygiene of Schools 
Shall Examine Children, and Prevent Those Not Vaccinated — 
From Entering; Notice to Parents, Etc.—No person shall fail 
or refuse to be vaccinated or permit any minor under his or her 
contro! to be vaccinated when visited for that purpose by the 
physician employed by the city, unless such person or minor 
has already been effectually vaccinated at the time of said visit, 
or is vaccinated by some competent physician within twenty- 
four hours thereafter. The Supervisor of Hygiene of the city 
schools shall examine each pupil not submitting satisfactory 
evidence of vaccination, or not submitting evidence from a 
physician that vaccination is dangerous to the health of the 
child, and prevent the entrance of any one who has no vaccine 
mark, and notify the parent or guardian of said pupil that vac- 
cination is an indispensable prerequisite to admission to the 
public schools of the city. (Id., Sec. 12, Par. 6.) 


Sec. 487. Medical Examination May Be Ordered by 
Board; Interference, Etc., With Examination—Whenever it 
shall be deemed necessary by the Board of Health to establish 
the true character of any disease which is suspected to be com- 
municable, a medical examination of the person or persons 
affected by such disease may be ordered by said board. Any 
person or persons interfering with or refusing to permit such 
examination shall be guilty of violating this section. (Id., 
Sec. 12.-Par: 7.) 


Sec. 488. Duties of Principals, Teachers, Etc., Not to 
Permit; Attendance of Children Affected, Etc.; Certificate of 
Supervisor of Hygiene—No principal, teacher or superintend- 


of the City of Houston Pia 


ent of any school shall knowingly permit any child sick from 
any disease mentioned in Section 481, or from any other com- 
municable disease, or any child residing in any house in which 
whooping cough, chicken pox, infantile paralysis, scarlet fe- 
ver, diphtheria, smallpox, measles or epidemic cerebro-spinal 
meningitis shall exist to attend any school until such time as 
the Supervisor of Hygiene of public schools certifies to such 
teacher, principal or superintendent that the said child may 
attend school without danger of communicating the disease to 
others. (ld., Sec. 12, Par. 8.) 


Sec. 489. Persons Affected Shall Not Take Books, Etc., | 
From Libraries; Board of Health to Inform Librarian—No 
person from any dwelling wherein a disease dangerous to pub- 
lic health exists, shall take any book or magazine to or from 
any circulating library. The Board of Health shall inform 
the librarian of all cases of said diseases, and until a written 
permit is given he (or she) shall allow neither books nor maga- 
zines to be taken or returned from a dwelling where such cases 
exist. (Id., Sec. 12, Par. 9.) 


Sec. 490. Persons With Communicable Diseases to Be 
Isolated; Buildings, Etc., to Be Disinfected; Premises With 
Diphtheria, When Disinfected—Any person in the City of 
Houston having communicable disease shall be isolated as the 
Board of Health may direct, and all buildings, clothing, prop- 
erty, premises and vehicles which may be infected by emana- 
tions from such persons shall be disinfected as the Board of 
Health may direct. No premises will be disinfected after 
diphtheria until at least two negative cultures, taken on suc- 
cessive days, have been obtained from the throat of the pa- 
tient, or from the nose, if a case of nasal diphtheria. (Id., Sec. 
12g ar 10.) 


Sec. 491. Persons Shall Not Knowingly Bring Infected 
Persons Into City, Without Permit—No person shall know- 
ingly bring or cause to be brought into the City of Houston 
any person infected with any communicable disease, except 
upon a permit granted by the Board of Health. (Id., Sec. 12, 
Parse *) 


Sec. 492. After Placarded, Who May Enter, Smallpox, 
Etc.—Whenever a placard shall be placed, showing the pres- 
ence of smallpox, scarlet fever or diphtheria, no person or per- 
sons except the medical attendant and nurses shall either 
enter therein or depart therefrom without the permission of 
the Board ot Health». (id, ‘Sec.-12,. Par. 112.) 


180 Revised Code of Ordinances 


Sec. 493. When Tuberculosis Patient Moves, Physician 
Shall Notify Board of Health—Whenever a person having 
tuberculosis moves out of a house or an apartment the attend- 
ing physician, if there be one, or the active head of the family, 
shall so notify this board within twenty-four hours, and both 
of the above mentioned persons shall be held responsible for a 
violation of this section. (Id., Sec. 12, Par. 13.) 


Sec. 494. Veterinarians to Report to Board of Health 
Certain Communicable Diseases, Etc.; Contents—Every vete- 
rinarian or other person who is called to examine or profes- 
sionally attend any animal within the City of Houston, having 
glanders or farcy, rabies, tuberculosis, or other communicable 
disease shall, within twenty-four hours thereafter, report in 
writing to the Board of Health the following facts: 

(a) A statement of the location of such diseased animal. 

(b) The name and address of the owner thereof. 

(c) The type and character of the disease. (Id., Sec. 12, 
Par.14.) 


Sec. 495. Animals With Hydrophobia Confined; Diagno- 
sis; Bodies of, Disposition—Hvery animal which is mad, or 
which has hydrophobia, or which shows’ symptoms 
thereof, shall, if possible, be at once securely confined 
until the diagnosis is accurately made. Every animal 
that has been exposed to such disease shall be at once 
confined in some secure place for such length of time as to 
show that such exposure has not given such animal said dis- 
ease, and the body of any animal that has died of such disease 
or which, being suspected to have such disease, has been killed, 
shall not be disposed of except as directed by the Board of 
Health. (Id., Sec, 12, Par. 15.) 


Sec. 496. Penalty—Any person violating any of the pre- 
ceding provisions of this article shall, upon conviction, be fined 
not less than Ten Dollars ($10.00) nor more than One Hun- 
dred Dollars ($100.00), and each day’s continuance of any 
such nuisance or condition shall be a separate offense. (Id., 
Sec. 12, Par. 16.) ; 


Sec. 497. Physicians Shall Report; Penalty—Every physi- 
cian in the city shall report to the Health Officer, within three 
hours after the diagnosis of the same, the appearance in his 
practice of any pestilential, infectious or contagious disease, 
and in case of any death from any cause must report the same 
within six hours to the Health Officer, with the cause thereof ; 


of the City of Houston 181 


and any physician offending against the provisions of this 
section must be fined in the sum of Fifty Dollars. (Code 1904, 
Art. 390.) 


Sec. 498.. Keepers of Hotels, Etc., Must Report; Pen- 
alty—All hotel, boarding house and lodging house keepers, 
either public or private, must give immediate information to 
the Health Officer of all cases of contagious, pestilential or 
infectious disease which may occur on their premises, and no 
patient afflicted with any such disease shall be removed from 
one place to another without the permission of the Health Of- 
ficer, who must report all such cases to the Board of Health. 
Any person violating the provisions of this section must, upon 
conviction, be fined not less than Five nor more than Fifty 
Dollars. (id., Art. 391.) 


Sec. 499. Duty of Persons Infected or Exposed to Infec- 
tion—It shall be the duty of all persons infected with any dis- 
ease of a pestilential, contagious or infectious character, or 
who from exposure to contagion from such diseases may be 
liable to endanger others who may come in contact with them, 
to strictly observe such commands or injunctions as may be 
given them by the City Health Officer, or the Health Officer 
of the State, to prevent the spread of such contagious diseases, 
and it shall be lawful for such health officers, or either of 
them, to command any person thus infected or exposed to in- 
fection, to remain within designated premises for such length 
of time as such Health Officer may deem necessary. (Id., Art. 
oLOu) 


Sec. 500. Penalty—Any person violating any of the pro- 
visions of the next preceding section, or who shall resist or 
aid any person in resisting the enforcement of said section, 
shall be fined in the sum of One Hundred Dollars. (ld., Art. 
377.) 


ARTICLE 15. 
MILK AND MILK PRODUCTS, REGULATING, ETC., SALE OF. 


Sec. 501. Certain Shall Not Be Brought Into, Etc., City 
Nor Kept or Offered for Sale, Etc., Except—No milk, cream, 
ice cream or substitute therefor, which is unwholesome or 
which has been watered, adulterated, reduced or changed in 
any respect by the addition of water or other substance, or by 
any removal of cream or butter fat, shall be brought into, held, 
kept or*offered for sale, at any place in the City of Houston, 


nor shaJl any person keep, have or offer for sale in the said 
19 


182 Revised Code of Ordinances 


city any such milk, cream, ice cream or substitute therefor, 
except as provided for in this chapter. (Jan. 26, 1914; Ord. 
Bk. 4, pp. 41 et seq., Sec. 18, Par. 1.) 


Sec. 502. Meaning ‘‘Adulterated” and ‘“Unwholesome”— 
The terms “adulterated” and “unwholesome,” as used in this _ 
chapter, shall mean: First, milk containing more than eighty 
seven and one-half (87.50) per cent of water; Second, milk 
containing less than twelve (12) per cent of milk solids; 
Third, milk containing less than three and one-quarter (3.25) 
per cent of fats, or having a specific gravity of less than one 
and twenty-nine thousandths (1.029); Fourth, milk which, 
notwithstanding these minimum standards, is not up to the 
standard produced by the complete milking of the cow or cows 
in the dairymen’s herd; Fifth, milk drawn from animals with- 
in fifteen days before parturition and seven days after partu- 
rition; Sixth, milk drawn from animals fed upon wet distill- 
ery or brewery waste; Seventh, milk from which any part of 
the cream has been removed, without so labeling; Eighth, milk 
which has been adulterated with water, or any other fluid, or 
to which has been added, or into which has been introduced 
any foreign substance whatever, except modified milk for in- 
fants or invalids, and which shall be labeled to show the na- 
ture and name of added substances; Ninth, milk which con- 
sists, in whole or in part, of a diseased, contaminated, filthy 
or insanitary substance, or which has been reduced, trans- 
ported, or kept in a condition which may render the article dis- 
eased, contaminated or unwholesome. (Id., Sec. 13, Par. 2.) 


Sec. 503. Meaning “Cream’’; Nothing to Prohibit Sale 
Condensed Milk, Etc., if Labeled—The term “cream,” in con- 
nection with this chapter, shall be held to mean that portion 
of milk, rich in milk fat, which rises to the surface of milk on 
standing, or is separated from it by centrifugal force, is fresh 
and clean and contains not less than eighteen (18) per cent 
of milk fat: Provided, that nothing herein shall prohibit the 
sale of products from pure condensed milk, milk, skim milk, 
and wholesome substitutes for the albumen or cream, if so 
labeled, to each and every purchaser and consumer. (Id., Sec. 
13,°Par. 32) 


Sec. 504. Milk With Cream Removed Not to Be Sold, 
Unless, Etc.—No dealer in milk by himself, or his agent, shall 
sell or have in his possession with intent to sell, milk from 
which the cream has been removed, in whole or in part, un- 
less sold as skim milk, and unless there shall appear in a con- 


of the City of Houston 183 


spicuous place on the can, or other receptacle from which such 
milk is sold, the words “Skim Milk” distinctly and legibly la- 
beled, and in the case of dealers, restaurateurs, hotel keepers. 
and other persons offering such for sale or serving the same, 
appropriate and plain signs or labels setting forth such facts 
to the consuming public, nor shall any dealer in milk, or his 
agent or agents, sell as skim milk, milk which has less per- 
centage of casein and solids ‘not fat than that contained in un- 
skimmed milk. (Id., Sec. 13, Par. 4.) 


Sec. 505. Milk Sold As Certified; Notice; After Notice. 
Shall Not Be Sold, Etc.—Whenever it is found, as a rule, that 
milk sold as certified milk does not conform to the standard 
under which it is certified, the Health Officer shall give notice 
to both the Medical Milk Commission and to the dairyman 
or dealer in milk, and if the conditions complained of are not 
corrected and the milk brought within the standard under 
which it is certified within a reasonable and safe time, the 
Health Officer shall again notify the Medical Milk Commission 
and the dairyman or dealer that such milk is not conforming 
to the standard under which it is certified, and no person or 
persons, firm or corporation shall sell, or offer for sale, milk 
in the City of Houston, as certified milk after such notice, and 
which does not conform to the standard under which it is 
certified. (Id., Sec. 13, Par. 5.) 


Sec. 506. Penalty; Dairymen, Etc.; Barred From Holding 
‘Permit When—Any person, firm, corporation or agent bring- 
ing, sending or having in possession for sale, or selling in the 
City of Houston any milk or milk products which are adul- 
terated or misbranded, as set forth herein, shall upon convic- 
tion be fined not less than Twenty-five Dollars ($25.00) nor 
more than Two Hundred Dollars ($200.00). Any dairyman, 
milk dealer, or other person who shall have been twice con- 
victed of selling milk to which water has been added, such 
second conviction shall, ipso facto, act as a bar to the holding 
of a permit for the sale of milk in the City of Houston. (lId., 
Sec. 13, Par. 8.) 


ARTICLE 16. 


MILK AND MILK PRODUCTS; REGULATION, ETC.; SANITARY 
CONDITIONS, ETC. 


Sec. 507. Permits Necessary to Bring into City; Milk, 
Etc.—No person, firm, corporation or agent shall bring or 
send into the city any milk or cream or buttermilk without a 


184 Revised Code of Ordinances 
4 


permit so to do from the Milk Inspector under the direction of 
the Health Officer, said permits to be furnished gratuitously 
to all applicants in accordance with Section 512, and to be 
renewed in the month of April in each year to be valid. (Jan. 
26, 1914, Ord. Bk. 4, pp. 41 et seq., Sec. 14, Par. 1.) 


Sec. 508. Milk Vehicles to Bear Name Owner, Number 
of License, Etc.—All milk vehicles shall bear the name of 
the owner and the number of the license of the wagon or ve- 
hicle tacked thereon plainly and legibly in letters not less than 
three (3) inches in height. (Id., Sec. 14, Par. 2.) 


Sec. 509. Grocers, Etc.; Offering, Etc.; Milk, Etc.; Regu- 
lations Concerning—aAll grocers, bakers, restaurateurs, bar- 
keepers, and other persons having or offering for sale milk 
or cream, or frozen milk or cream, shall at all times keep the 
name or names of the person or dairyman, or dairy, from 
whom the milk or cream was obtained, posted in a conspicuous 
place wherever such product may be sold or kept for sale. 
All grocers, bakers restaurateurs, barkeepers, and other 
persons handling such milk shall keep the cans, refrigerators, 
bottles and other receptacles in which the milk is kept or 
stored clean at all times, and shall thoroughly wash and ster- 
ilize by boiling or steam all such vessels before the milk is 
poured therein. (Id., Sec. 14, Par. 3.) 


Sec. 510. Sample of Milk, Etc., Shall Be Furnished 
Health Department—Any person, firm, corporation or agent 
who offers for sale milk, skimmed or unskimmed, or cream, 
in the City of Houston, whether a resident or non-resident, 
on being tendered the market price, shall furnish a sample 
of said milk to any officer representing the Health Department 
of the city who may request the same for the purpose of 
examination or analysis. (Id., Sec. 14, Par. 4.) 


Sec. 511. Removal of Bottles, Etc.; Prohibited, Etc.; 
Persons With Certain Diseases Not to Work, Etc.; Proprie- 
tors, Etc., Not to Permit—No milk dealer, dairyman or his 
agents shall remove from any dwelling or house in which there 
is a contagious disease, and which has been so plainly placard-. 
ed, any bottle or receptacle which has been used for the pur- 
pose of receiving or storing milk, that has not been disinfected 
as directed by the Health Officer. No person suffering from, 
or who has knowingly suffered from, within a period of twenty 
days, or has been exposed to diphtheria, scarlet fever, erysipe- 
las, cerebro-spinal meningitis, smallpox or other dangerous 
contagious disease, shall work or assist in or about any dairy 


of the City of Houston 185 


or dairy farm; no proprietor, manager or superintendent shall 
knowingly permit any person suffering from any of said dis- 
eases, or exposed as aforesaid, to work or assist in or about 
said dairy farm. (ld., Sec. 14, Par. 5.) 


Sec. 512. Permits Necessary to Sell Certain; Duties of 
Inspectors; Certificates—Permits without charge shall be re- 
quired of any and all persons selling milk or cream in the City 
of Houston, or bringing the same in for sale. Such permits 
shall apply to all dairies or other places, and to all cattle 
producing the milk for sale in the City of Houston. It shall be 
the duty of the milk inspectors, acting under the Health Officer 
and the Health Department, to issue such permits and to 
see that no milk is sold in the city without permit as herein 
required. Permits shall be required annually on the first day 
of April and at such other times as a new dairy or place be- 
gins the sale of milk or cream in the City of Houston, or the 
production of the same for sale in the City of Houston, and 
at such other times as such changes in the source of production 
or the place of sale shall make the permit no longer apply 
to the conditions under which the permit was issued. The 
Milk Inspector, acting under the Health Officer and the Health 
Department, shall not issue a permit to any person or persons 
selling or retailing milk or cream in the City of Houston who 
does not furnish once in every twelve months, and at the time 
of the beginning of any dairy for supplying milk in the City 
of Houston, a certificate on form supplied by the Health De- 
partment, which shall apply to and be conditioned, as follows: 
(Idsssec, 14, Par. 6.) 

(a) Contents Certificates—Such certificates shall state 
that the place from which the milk which the dairyman or 
other person is at present selling or proposes to sell, is ob- 
tained, is free from disease, and that reasonable items of 
equipment and methods for production and sale of milk are 
adequate. Such certificate shall also embrace an enumeration 
of cattle in the dairyman’s herd. (lId., Sec. 14, Par. 6.) 

(b) Examination and Inspection of Dairy Cattle May Be 
Required; How Made; Effect of Secret Injection of Tubercu- 
lin by Dairymen; Isolation Diseased Cattle; Tested Herds— 
The Milk Inspector, the Health Officer or the Board of Health 
may require a veterinary examination of the cattle producing 
milk for sale in the City of Houston, including the tuberculin 
test and other recognized means of veterinary diagnosis to 
determine as to whether or not the cattle in any herd are in- 
fected with any disease. Such inspection and examination 


186 Revised Code of Ordinances 


shall not be required and the dairyman shall not be put to 
the expense of such veterinary inspection until after the milk 
inspector or other agent of the Health Officer has made a 
personal inspection of the dairyman’s herd. If the dairyman 
so requests, all such examinations shall be made at the expense 
of the city or, should the dairyman so desire, the veterinary 
inspection may be made by any competent and reliable veteri- 
narian employed by the dairyman. The City of Houston, how- 
ever, shall have the right, if so desired, to have its milk in- 
spector or other agent present at the time of such inspection. 
Any such certificate of health of animals given by veterina- 
rians, if deemed necessary, may be required under oath of 
the veterinarian, and under oath of the owner or operator of 
the dairy as to any facts concerning the concealing of disease; 
and any dairyman who shall, with a secret injection of tuber- 
culin or other means, conceal the disease in any animal or 
any herd supplying milk or milk products in the City of 
Houston, shall be refused a permit, or having been issued a 
permit, shall have the same revoked. Whenever any dangerous 
disease has been found in any cattle supplying milk or milk 
_ products in the City of Houston, in order to continue the sale 
and hold a permit so to do, the veterinarian shall tag the 
diseased animal, and the dairyman or other person shall re- 
move such animal or animals from the herd, and shall have 
the option of quarantining the infected animal at such dis- 
tance and in such manner as will safely isolate the animal 
and its milk. When a herd supplying milk to the City of 
Houston has been twice tested within two years and found to be 
free from tuberculosis or other disease, and where all cattle 
added thereafter to such herd are similarly shown by the 
tuberculin test, and other recognized means of veterinary in- 
spection, to be free from disease, and where the animals are 
identified by a tag, then any such cattle or herd shall be 
regarded as a tested herd, and subsequent tests shall not be 
required except as the Health Department may have good 
grounds for believing that any animals in such herd are dis- 
eased. (Id., Sec. 14, Par. 6.) 

(c) Notice When Test to Be Made; Milk Inspectors, Etc.; 
Right to Be Present; Record of Tests to Be Kept and Filed; 
Affected Animals Tagged and Isolated; Notice From Milk 
Inspector—Al]l dairymen and other persons offering milk and 
milk products for sale in the City of Houston, and the veteri- 
narian engaged to make test of animals producing such milk, 
shall give notice to the milk inspector before the test is made, 
and the milk inspector or other agent of the Health Depart- 


of the City of Houston 187 


ment, as provided herein, shall not only have the right to be 
present at such testing but shall designate or arrange with 
the veterinarian and the party whose cows are to’ be tested, 
a time reasonably convenient at which such milk inspector or 
agent of the Health Department can be present. A detailed 
record of all tests and results with respect to each animal shall 
be filed by the veterinarian making the test with the milk 
inspector and, if required, shall be filed under oath, as pro- 
vided. The veterinarian making the test, or the milk inspect- 
or, or other agent of the Health Department shall cause all 
animals showing tuberculosis to be marked and tagged, as 
provided under the laws and regulations of the State of Texas. 
After visiting the herd, as provided herein, the milk inspector 
shall give notice to the dairyman of the time within which 
any cattle or herds shall be tested as a requisite for selling 
milk in the City of Houston. (ld., Sec. 14, Par. 6.) 


(d) Permits Shall Not Be Issued When; Health Officer, 
Etc., May Revoke Permit When—A permit to sell milk shall 
not be issued to any dairy which has not the reasonable items 
of equipment and method necessary for the production and 
sale of milk in a safe and sanitary manner, or which has not 
a healthy herd, or whose water supply is in an unsafe con- 
dition, or where there are evidences that the employees con- 
nected with the production and sale of ‘milk are affected with 
communicable disease. And, whenever the Health Officer, his 
agent or any member of the Board of Health shall by inspec- 
tion determine that any such conditions exist, the dairyman 
shall be notified of the conditions objected to, and if the con- 
ditions are not changed within a reasonably safe time to be 


stated in such notice, the permit shall be revoked; provided, 
however, that if the dairyman can remove his cattle and equip- 
ment to another farm and place, and so as to have his product 
free from danger of any such conditions found, such permit — 
shall not be revoked. (lId., Sec. 14, Par. 6.) 


(e) Permits Shall Not Be Issued When; Before Revoking 
Hearing to Be Given; Appeals; Temporarily Revoked Pend- 
ing Appeal—No permit shall be issued to any dairyman or 
other person whose dairy, equipment and methods are not open 
to the inspection of any member of the Board of Health or 
any agent of the City of Houston, and any dairyman or other 
person refusing such inspection shall be refused a permit to 
sell milk in the City of Houston; provided, however, that be- 
fore the revoking of such permit, the dairyman or other party 
interested shall be given a hearing with the right to appeal 


188 Revised Code of Ordinances 


to the Board of Health, the Board of Commissioners and to. 
the courts. In cases where. there is danger of a contagious or 
infectious disease, however, the permit shall, after notice, be 
temporarily revoked pending such appeal unless the herd is 
removed to another place, as provided in sub-section ‘‘d.”’ 
(Id., Sec. 14, Par. 6.) 


(f) Cleanliness Required—Milkers and those engaged in 
the handling of milk or cream shall maintain strict cleanliness 
of their hands and person while milking or while so engaged. 
The receptacles for milk and all cans for carrying and deliver- 
ing the same shall be thoroughly cleaned with hot water and 
soap or efficient washing powder, and be sterilized with boiling 
water or steamed thoroughly before such milking or before 
each use. (lId., Sec. 14, Par. 6.) 


(g) Cows to Be Kept Clean; Cleaning of Teats, Etc.— 
Every person keeping cows for the production of milk for 
sale in the City of Houston shall cause them to be kept clean 
at all times, and shall cause the teats and udders to be care- 
fully cleaned by brushing, washing or wiping before milking, 
and shall cause each of said cows to be properly fed and 
watered. (Id., Sec. 14, Par. 6.) 


(h) Receptacles for Milk; Removal; Storage of Milk and 
Cream—Any person using any premises for keeping cows for | 
dairy purposes shall provide and use a sufficient number of 
receptacles of non-absorbent material for the reception, stor- 
age and delivery of milk, and shall keep them clean and whole- 
some at all times, and at milking time shall remove each re- 
ceptacle as soon as filled from the room or stable in which 
the cows are kept; nor shall any milk or cream be stored or 
kept within any room used for stabling cows or other domestic 
animals. (lId., Sec. 14, Par. 6.) Z 


(1) Notice to Be Given Health Officer of Contagious or 
Infectious Diseases; Isolation and Precautions—It shall be 
the duty of every person having charge or control of any 
premises upon which cows are kept for the production of 
milk for sale in the City of Houston to notify the Health Of- 
ficer of the City of Houston of the existence of any contagious 
or infectious diseases among such cows by letter delivered or 
mailed within twenty-four hours after the discovery thereof, 
or in person, and to thoroughly isolate any cow or cows so 
diseased or which may reasonably be believed to be so in- 
fected, and to exercise such other precautions as may be 
directed in writing by the Health Department. (Id., Sec. 14, 
Par. 6.) 


of the City of Houston 189 


Sec. 513. Keeping Milk for Sale; Regulations; Bottles, 
Etc., Returned and Used—Milk dealers, restaurateurs, hotel 
keepers, barkeepers and other persons keeping milk for sale, 
shall keep and serve the milk at all times free from contamina- 
tion in clean vessels; and no consumer of milk shall deliver 
back to a dairyman or milk dealer any bottle or can which is 
not clean, and no dairyman or milk dealer shall use or refill 
any bottle or other receptacle received from a milk patron 
until same has been thoroughly steamed or scalded. (Id., 
Sec: 14; Par. 7.) 


Sec. 514. Physicians to Report Suspected Communicable 
Diseases in Employer’s Family of Dairymen, Etc.—It shall 
be the duty of any physician holding a permit to practice in 
the City of Houston to immediately report to the Health Officer 
whenever such physician shall suspect the existence of any 
communicable disease existing in the employer’s family of 
any dairyman or milk dealer or other handler of milk for sale. 
(Id., Sec. 14, Par. 8.) 


Sec. 515. Examination; Publication of Findings; Further 
Examination; Six Examinations Monthly of Milk, Etc.— 
Where a sample of milk or other food or drug has been exam- 
ined and where it is the intention of the Health Officer or any 
other city official to make the publication of the findings, as 
soon after the examination as possible he shall transmit to 
the person from whom the sample was taken a copy of the 
results of the examination, and if such party or parties ask 
for further examination before publication, such examinations 
sufficient in number to determine the actual condition of the 
product when sold in the market shall be made, and when 
published the publication shall include all examinations or 
such average as will show the exact condition of the product 
as determined by all of the examinations. At least six examina- 
tions shall be made monthly of any milk sold in the City of 
Houston as certified milk, and the product sold as certified milk 
shall be judged by the standard which is established by the 
Medical Milk Commission under which the certificate is grant- 
eds tid. pec, 14; Par. 9.) 


Sec. 516. Bacteriological Counts; Warnings by Health 
Officer; Temporarily Revoking Permit—lIn the enforcement 
of this and other sections of this chapter, if the objection to 
the milk is based upon the bacteriological count, sufficient 
bacteriological counts shall be made of milks actually obtained 
from the market as well as of milks from different sources in 


190 Revised Code of Ordinances 


the dairy and the distribution, if the dairyman desires, to de- 
termine as to whether or not the high count is the exception or 
the rule in connection with the dairy; provided, however, that 
nothing in this section or any other section of this chapter 
shall be construed to prohibit the Health Officer from giving 
warning concerning certified milk or other milk sold in the 
City of Houston when any contagious or infectious disease in 
connection with the handling of milk, or other dangers to the 
public health are apparent, or from the immediate revoking, 
temporarily, of the permit in all instances where such danger 
is determined. (lId., Sec. 14, Par. 10.) 


Sec. 517. How Samples Taken, Etc.—In collecting sam- 
ples of milk and milk products for examination, if the sample 
is intended for bacteriological examination, the inspector shall 
take the same in as sterile a manner as possible so as to pre- 
vent contamination at the time of taking the sample. If the 
sample is not taken in the original bottle or other package, it 
shall be taken with sterile tubes or other sterile instruments 
and placed in a sterile receptacle; and all such samples intend- 
ed for bacteriological examination, unless they are, as in the 
case of original containers of ice cream, packed in ice con- 
tainers of their own, shall be immediately put into a box or 
other receptacle containing sufficient ice, and which shall be so 
constructed and iced as to maintain a temperature under 56 
degrees Fahrenheit, and which such box or other receptacle 
shall have a close-fitting lid. (Id., Sec. 14, Par. 11.) 


Sec. 518. Penalty—Any person, firm, company or cor- 
poration or agents who shall violate any of the foregoing pro- 
visions of this article shall, upon conviction, be fined for such 
offense not less than Ten Dollars ($10.00) nor more than One 
Hundred Dollars ($100.00). (Id., Sec. 14, Par. 12.) 


ARTICLE 17. 
ICE CREAM ; REGULATING MANUFACTURE, ETC. 


Sec. 519. Manufacturers of Ice Cream Must Have Li- 
cense—That it shall be unlawful for any person, firm or 
corporation to manufacture, in the City of Houston, ice cream 
for the purposes of sale unless such person, firm or corporation 
shall have the license hereinafter described authorizing him to 
manufacture ice cream for the purpose of sale, and unless such 
person, firm or corporation or agents shall have the certificate 
of the Health Department of the City of Houston, hereinafter 
described, to the effect that said establishment is being con- 


of the City of Houston 191 


ducted in accordance with the ordinances. (Jan. 26, 1914, 
Ord. Bk. 4, pp. 41 et seq., Sec. 15, Par. 1.) 


Sec. 520. Penalty—Any person, firm or corporation or 
agents violating the next preceding section shall, upon convic- 
tion thereof in the Corporation Court, be subject to a fine of 
not less than Twenty-five Dollars ($25.00) nor more than One 
Hundred Dollars ($100.00) for each offense, and it shall be a 
separate offense each day that ice cream is manufactured for 
sale or sold without such license or without such certificate of 
the Health Department. (lId., Sec. 15, Par. 1.) 


Sec. 521. Certificate or License Must Be Posted; Pur- 
chases Shall Not Be Made From Unlicensed Place, or Place 
Where License Not Posted—That it shall be unlawful for any 
person, firm or corporation or agents. engaged in the manu- 
facture of ice cream for the purposes of sale to conduct said 
business unless the certificate of the Health Department, men- 
tioned in the above section, is posted in the place of business 
where it can be plainly seen by every person coming to said 
place of business, and it shall be unlawful for any person to 
purchase ice cream from any establishment which is not duly 
licensed, as herein provided by the City of Houston, or to pur- 
chase ice cream from any person who does not have posted 
conspicuously in a public place where it can be plainly seen the 
certificate of the Health Department provided for in this 
article... (Id., Sec..15,. Par. 2.) 


Sec. 522. Penalty—Any person violating the next pre- 
ceding section shall, upon conviction thereof in the Corporation 
Court, be fined in any sum not less than Five Dollars ($5.00) 
nor more than Fifty Dollars ($50.00) for each offense. (Id., 
NecrsLywe ari 22) 


Sec. 523. Application for Inspection Before Engaging in 
Business; Examination; Requirements for Permit; Refunds of 
Unexpired Licenses; Cancellation of Licenses; Penalty—Any 
person, firm or corporation or agents who desire to engage 
in the business of manufacturing ice cream for sale in the City 
of Houston must, before engaging in said business, apply to 
the City of Houston for an inspection of their premises and 
apparatus by the Health Department of the City of Houston, 
and for a permit to engage in said business before they shall 
commence the manufacture or sale of ice cream. 

Upon said application being filed with the City Seta ty: 
the Mayor or Council shall cause the premises and apparatus 


192 Revised Code of Ordinances 


where said business is proposed to be conducted to be thorough- 
ly examined by the City Health Officer, and the said business 
and place of business shall come up to the following specifica- 
tions with respect to the place of business, persons engaged 
in same and the mode of conducting same, and unless parties 
applying for the permit can show a strict compliance with the 
requirements of this article no permit to engage in said busi- 
ness shall be issued. 

The said requirements, without compliance with which no 
permit shall issue, are as follows: 

(a) The ice cream plant must be properly screened. 

(b) The floors, walls and ceilings must be sanitary. 

(c) The water-closets and urinals must be separate from 
the plant. 

(d) The room used for mixing cream must be close ceiled, 
properly ventilated and screened and veut no unsanitary sur- 
roundings or neighborhood. 

(e) The utensils used in the manufacture or distribution 
of the cream must be of porcelain or granite ware and in good 
condition. 

(f) <All labor employed in or about the said establish- 
ment and all persons engaged in said manufacture or sale must 
be cleanly both in person and attire. 

(g) Every person or employee connected with the business 
shall wear a suitable garb and be free from disease. 

(h) The cans must be sterilized at a temperature of 212 
degrees Fahrenheit and for not less than fifteen minutes, and a 
suitable room must be provided where sterilized cans can be 
kept where their sterility will be maintained.. 

(i) No ice cream shall ever be returned or exchanged after 
once leaving the plant. 

(j) Analine dyes must not be used, nor must. same be 
found in the ice cream plant. 

(k) No one with the exception of the employees shall be 
in the plant except on official business. 

(1) The ingredients that are used in the manufacture of 
the ice cream must be fresh and properly preserved, and under 
no circumstances shall decayed or over-ripe fruit ever be used 
in the manufacture of the cream. 


Tn the event any person, firm or corporation or agents now 
engaged in the business of manufacturing ice cream for sale in 
the City of Houston fails to comply with these requirements 


of the City of Houston 193 


the City of Houston shall refund to such person, firm or cor- 
poration such portion of any license fee paid to the City of 
Houston as the unexpired time of said old licenses after date 
of January 1, 1914, bears to the time of said license already 
passed; but the city shall be under no obligation to refund 
such portion of license as heretofore paid unless the party 
entitled thereto applies for same in writing, stating in such 
application that they have gone out of business. 

In the event any such person, firm or corporation or agents 
who has complied with the requirements of this article and 
received a permit or license to conduct the said business, should 
at any time thereafter violate or disregard any of the require- 
ments above named, the City Council shall have the right to 
cancel the license granted and require said persons to discon- 
tinue business, and in addition to this remedy, if any person, 
firm or corporation engaged in the business of manufacture 
of ice cream for the purpose of sale in the City of Houston 
shall at any time neglect or violate any of the requirements 
or specifications above named, they shall for each offense, on 
conviction thereof in the Corporation Court, be punished by 
a fine of not less than Ten Dollars ($10.00) nor more than 
Two Hundred Dollars ($200.00) for each offense, and in the 
event the business of the manufacture of cream is conducted 
by a corporation, then in such event in each case of violation 
of this article or any of its terms; it shall be a separate offense, 
both in the corporation and the manager or person in charge 
of said business and in the individual or individuals who are 
concerned in the violation thereof. (Id., Sec. 15, Par. 3.) 


Sec. 524. Application for Inspection First Day of Each 
Month; Inspection and Certificate; Penalty; Fee—Any per- 
son, firm or corporation, or agents engaged in the manufacture 
of ice cream for purposes of sale in the City of Houston 
must on the first day of each month apply to the Health 
Department of the City of Houston for inspection of their 
premises and appliances, which inspection shall be made with- 
out delay by the Health Officer; the Health Officer, or some 
person designated by him, may inspect said premises when in 
his judgment it is deemed necessary without notice, and if said 
place and the conduct of said business is found by the Health 
Officer to be in accordance with the requirements of this ar- 
ticle, then the said Health Officer shall issue to said person, 
firm or corporation a written or printed certificate to the effect 
that the said business and place of business has been inspected 
by him, giving the date of such inspection, and that the said 


194 Revised Code of Ordinances 


business is being conducted in accordance with the ordinances 
of the City of Houston; and it shall be unlawful for the person, 
firm or corporation or agent to conduct said business unless 
said certificate is issued by the said Health Officer and is 
posted in said establishment where it will be visible to every 
person entering the establishment; and the person engaged in 
such business shall pay for each certificate the sum of One 
Dollar ($1.00). (Id., Sec. 15, Par. 4.) 


Sec. 525. Selling Ice Cream Causing Persons to Have 
Ptomaine Poisoning Prohibited; Penalty—lIf any person, firm 
or corporation or agent engaged in the manufacture of ice 
cream for purposes of sale in the City of Houston shall manu- 
facture ice cream, and if said ice cream shall cause any person 
or persons to be affected with ptomaine poisoning, then the 
manufacturer of such cream shall be guilty of an offense, and - 
in such event it shall be a separate offense in the person, firm, 
corporation or agent manufacturing said cream for each per- 
son who is affected with ptomaine poisoning, and upon con- 
viction therefor in the Corporation Court the person, firm, 
corporation or agent manufacturing’ said cream shall be 
punished by a fine of not less than Fifty Dollars ($50.00) nor 
more than Two Hundred Dollars: ($200.00) for each person 
or individual so poisoned. (Id., Sec. 15, Par. 5.) 


Sec. 526. Evidence Sufficient to Show Ptomaine Poison- 
ing and Sustain Conviction; Burden of Proof on Defendant to 
Show Facts Disproving Prima Facie Case—It shall be suf- 
ficient to sustain a conviction under the preceding section to 
show that the defendant manufactured the ice cream and that 
some individual or person upon eating same developed pto- 
maine poisoning, and the burden shall be upon the defendant 
to show that the person or persons were not poisoned by the 
cream so eaten, and that said ptomaine poisoning was due 
to misuse or abuse of the cream by some third person after 
it left the establishment of the defendant, and if the defendant 
shall show that the poisoning of the person was due to the 
act or neglect of some other person after the cream left his 
establishment, and that the manufacture of this particular 
cream was conducted in all respects in strict accordance with 
the requirements of this article, these facts when so established 
shall constitute a defense to the prosecution for causing pto- 
maine poisoning. (Id., Sec. 15, Par. 5.) 


Sec. 527. Purpose of This Article—This article is intend- 
ed to be supplementary to any other ordinances on the subject 


of the City of Houston 195 


matter. It is not intended to repeal ordinances prescribing 
the tax for persons engaged in the manufacture of ice cream; 
the purpose of this article being for regulation and for the 
protection of the public. (Id., Sec. 15, Par. 6.) 


ARTICLE 18. 
PURE FOOD AND DRUGS. 


Sec. 528. Manufacture, Possession, Etc., of Adulterated 
~ and Misbranded Foods and Drugs Prohibited; Definitions, 
Terms ‘Food’ and “‘Drugs’’—That no person, firm or cor- 
poration or agents shall within this city manufacture for sale, 
have in his possession with intent to sell, offer or expose for 
sale, or sell or exchange any article of food or drugs which 
is adulterated or misbranded within the meaning of this 
article. The term “food,” as used herein, shall include all ar- 
ticles used for food, drink, flavoring, confectionery or condi- 
ment, by man, whether simple, mixed or compounded. That 
the term “drug”’ as used in this article shall include all medi- 
cines and preparations for internal or external use recognized 
in the United States Pharmacopoeia or National Formulary, 
and any substances or mixture of substances intended to be 
used for the cure, mitigation or prevention of disease of either 
-manoranimal. (Jan. 26, 1914, Ord. Bk. 4, pp. 41 et seq., Sec. 
16; Par? 1s) 


Sec. 529. Articles Deemed Adulterated; When—That 
for the purposes of this article an article shall be deemed 
adulterated : 


(a) In the Case of Drugs: (1) If, when sold under or 
by a name recognized in the eighth decennial revision of the 
United States Pharmacopoeia or in such United States Phar- 
macopoeia as official at the time of labeling it, or in the Nation- 
al Formulary, it differs from the standard of strength, quality 
or purity laid down therein; (2) if, when sold under or by a 
name not recognized in the eighth decennial revision of the 
United States Pharmacopoeia, but which is found in some 
other Pharmacopoeia or other standard work on materia medi- 
ca, it differs materially from the standard of strength, quality 
or purity laid down in such work; (3) if its strength, quality 
or purity falls below the professed standard under which it is 
sold. / 


(b) In the Case of Confectionery: If it contains terra 
alba, barytes, talc, chrome yellow, or other mineral substances, 
or poisonous color or flavor, or other ingredients deleterious 


196 Revised Code of Ordinances 


or detrimental to health, or any vinous, malt or spirituous 
liquor or compound, or narcotic drug. 


(c) Inthe Case of Food: (1) If any substance has been 
mixed and packed with it so as to reduce or lower or injurious- 
ly affect its quality or strength; (2) if any substance has been 
substituted wholly or in part for the article; (3) if any valu- 
able constituent of the article has been wholly or in part ab- 
stracted, or if the product be below that standard of quality, 
quantity, strength or purity represented to the purchaser or 
consumer; (4) if it be mixed, colored or powdered, coated or 
stained in a manner whereby damage or inferiority is con- 
cealed; (5) if it contain any added poisonous or other added 
deleterious ingredient which may render such article injurious 
to health; provided, that when in the preparation of the food . 
products for shipment they are preserved by any external ap- 
plication applied in such manner that the preservative is neces- 
sarily removed mechanically or by maceration in water or 
otherwise, and directions for the removal of said preservative 
shall be printed on the cover of the package, the provisions of 
this article shall be construed as applying only when said 
products are ready for consumption; (6) if it consists in whole 
or in part of a filthy, decomposed or putrid animal or vege- 
table substance, or any portion of an animal or vegetable unfit 
for food, whether manufactured or not, or if it is the product 
of a diseased animal or one that has died otherwise than by 
slaughter. For the purpose of this article, the term “filthy” 
shall be deemed to apply to food not securely protected from 
flies, dust, dirt and as far as may be necessary by all reasonable 
means from all foreign or injurious contamination. (lId., Sec. 
16s Pare 25 


Sec. 530. What Term ‘‘Misbranded’”’ Applies To—That 
the term ‘‘misbranded” as used in this article shall apply to 
all drugs or articles of food or articles which enter into the 
composition of food, the package or label of which shall bear 
any statement, design or device regarding such article or the 
ingredients or substances contained therein false or misleading 
in any particular. (Id., Sec. 16, Par. 3.) 


Sec. 531. Articles Deemed Misbranded When—That for 
the purpose of this article an article shall also be deemed to 
be misbranded: 

(a) Im the Case of Drugs: (1) If it be an imitation of or 
offered for sale under the name of another article; (2) if the 
contents of the package, as ordinarily put up, shall have been 


of the City of Houston Na atie 


removed in whole or in part and other contents shall have been 
placed in such package, or if the package fail to bear a state- 
ment on the label of the quantity or proportion of any mor- 
phine, phenacetin, opium, cocaine, heroin, alpha or beta eu- 
caine, chloroform, cannabis indica, chloral hydrate, or acetane- 
lid, or any derivative or preparation of any such substances 
contained therein. 


(b) In the Case of Food: (1) If it be an imitation of or 
offered for sale under the distinctive name of another article ; 
(2) if it be labeled or branded so as to deceive or mislead the 
purchaser or purport to be a foreign product when not so, or 
if the contents of the package as originally put up shall have 
been removed in whole or in part and other contents shall 
have been placed in such package, or if it fail to bear a state- 
ment on the label of the quantity or proportion of any mor- 
phine, opium; cocaine, heroin, alpha or beta eucaine, phenace- 
tin, chloroform, cannabis indica, chloral hydrate or acetane- 
lid, or any derivative or preparation of any such substances 
contained therein; (3) if in the package form and the con- 
tents are stated in terms of weight and measure, they are not 
plainly and correctly stated on the outside of the package; (4) 
if the package containing it or its labels bear any statement, de- 
sign or device regarding the ingredients or substances contained 
therein which statement, design or device shall be false or mis- 
leading in any particular; provided then, that an article of food 
which does not contain any added poisonous or deleterious in- 
gredient shall not be deemed to be adulterated or misbranded in 
the following cases: First, in the case of mixtures or com- 
pounds which may be now or from time to time hereafter 
known as articles of food under their own distinctive names, 
and not an imitation of or offered for sale under the distinctive 
name of another article, if the name be accompanied on the 
same label or brand with a statement of the place where said 
article has been manufactured or produced; second, in the case 
of articles labeled, branded or tagged so as to plainly indicate 
that they are compounds, imitations or blends; that the term 
“blend” as used herein shall be construed to mean a mixture of 
like substances not excluding harmless coloring or flavoring in- 
gredients used for the purpose of coloring and flavoring only; 
and provided further, that nothing in this article shall be 
construed as requiring or compelling proprietors or manu- 
facturers of proprietary foods which contain no unwholesome 
added ingredients to disclose their trade formulas except in 


so far as the provisions of this article may require to secure 
20 


198 Revised Code of Ordinances 


freedom from adulteration or misbranding. (lId., Sec. 16, 
Paras) ? 


Sec. 532. Manufacture, Sale, Etc., of Food to Which 
Has Been Added Formaldehyde, Etc., Prohibited; Excep- 
tions—It shall be unlawful for any person, firm or corporation 
or agents to manufacture or sell, offer for sale or exchange 
any articles of food to which has been added formaldehyde, 
boric acid or borates, benzoic acid or benzoates, sulphurous 
acids or sulphite, salacylic acid or salacylates, abrastal, beta 
napthal, flourine compounds, dulcin, glucin, cocaine, sulphuric 
acid or other mineral acids, except phosphoric acid, any prep- 
aration of lead or copper or other ingredient injurious to 
health; provided, that nothing in this article shall be construed 
as prohibiting the sale of catsups, sauces, concentrated fruits, 
fruit juices, and like substances preserved with one-tenth of 
one per cent. of benzoate of soda or the equivalent, benzoic acid, 
when a statement of such fact is plainly indicated upon the 
label; provided further, that the oxides of sulphur may be 
used for bleaching, clarifying and refining food products. 
(Idi Seese16,2Par.42.) 


Sec. 533. Sale, Etc., of Unwholesome, Etc., Milk, Etc., 
Prohibited; When Infectious Diseases; Diseased Cows, Etc.; 
Skim Milk—That it shall be unlawful for any person, firm, cor- 
poration or agents, either by himself, or agent, to sell or ex- 
pose for sale or exchange any unwholesome, adulterated, de- 
composed, or impure milk or swill milk or other substances 
in a state of putrefaction or -.other deleterious sub- 
stances or from cows kept in connection with any family in 
which there are infectious diseases, or from sick or diseased 
cows, or milk from which any part of the butter fat has been 
removed; provided, “skim milk” may be sold if on the can 
or package from which such milk is sold the words ‘‘skim 
milk” are distinctly painted in letters not less than one inch 
in length. For the purpose of this article, the character and 
abundance of bacteria in any milk or cream may be conclusive 
evidence that such food is decomposed. (Id., Sec. 16, Par. 5.) 


_ Sec. 534. When Dealer Shall Not Be Prosecuted Under 

This Article—That no dealer shall be prosecuted under the 
provisions of this article when he can establish a guaranty, 
signed by the wholesaler, jobber, manufacturer or other party 
residing within this State, or in the United States, from whom 
he purchases such articles, to the effect that the same is not 
adulterated or misbranded within the meaning of this article, 


of the City. of Houston 199 


designating it. Said guaranty to afford protection shall con- 
tain the name of the party making the sale of such articles 
to such dealer, and in such cases said party or parties shall be 
amenable to the prosecution, fines and other penalties which 
would attach in due course to the dealer under the provisions 
of this article. (Id., Sec. 16, Par. 6.) 


Sec. 535. Duty Certain Officers to Investigate and to 
Prosecute Violations This Article; Powers of Officers; Sam- 
ples May Be Taken; Standards Adopted; Methods Analysis— 
It shall be the duty of the City Pathologist and Chemist, or any 
food inspector or deputy appointed by him, to carefully inquire 
into the quality of the foods and drug products manufactured 
or sold or exposed for sale or offered for sale in this city, and 
they may in a lawful manner procure samples of the same and 
make due and careful examination and analysis of all or of any 
such food and drug products to discover if the same are adul- 
terated or misbranded, impure or unwholesome, in contraven- 
tion to this article, and it shall be thé duty of the City Path- 
ologist to make complaint against the manufacturer or vend- 
er thereof in the Corporation Court, and furnish the evidence 
thereof to obtain a conviction for the offense charged. The 
City Pathologist and Chemist, or his inspectors, or any person 
by him duly appointed for that purpose, shall make complaint 
and cause proceedings to be commenced against any person for 
the violation of any of the laws relative to adulterated, mis- 
branded, impure or unwholesome food; and he shall have pow- 
er in the performance of his duties to enter into any creamery, 
wagon, depot, factory, store, salesroom, drug store or labora- 
tory, or place where he has reason to believe foods or drugs 
are made, prepared, sold or offered for sale or exchange, and 
to open any cask, tub, jar, bottle or package containing or sup- | 
posed to contain any article of food or drug and examine or 
eause to be examined the contents thereof, and take therefrom 
samples for analysis. The person making such inspection 
shall take such samples of such article or product and he shall 
mark or seal such sample and shall tender at the time of tak- 
ing it to the manufacturer or vender of such product, or to 
the person having the custody of the same, the value thereof 
and. a statement in writing of the reason for taking such sam- 
ple. The standards for food products of the Texas Food and 
Drug Law are hereby adopted as a part of this article, and the 
methods of analysis authorized as official by the United States 
Department of Agriculture, in so far as they are applicable 


200 Revised Code of Ordinances 


in the light of médern discovery and scientific research. (Id., 
Sec. 16, Pari) 


Sec. 536. Certificates of piviecs Etc.—It shall not be the 
duty of the City Pathologist and Chemist or his assistants 
while they hold office to furnish to any individual, firm or cor- 
poration any certificate as to the purity or excellence of any ar- 
ticle manufactured or sold to or by them to be used as food or 
drug or in the Preparenien of foods or drugs. (ld., Sec. 16, 
Par. 8.) 


Sec. 537. Annual Report Pathologist and Chemist; Con- 
tents—The City Pathologist and Chemist shall make an annual 
report to the Mayor and City Council at the end of the fiscal 
year, which report shall cover the entire work of his office for 
the preceding year and shall show, among other things, the 
number of manufactories and other places inspected and by 
whom, and the number of specimens of food and drug articles 
analyzed and the number of complaints entered against any 
person or persons for the violation of the laws relative to the 
adulteration of foods or drugs, the number of convictions had 
and the amount of fines imposed therefor, together with such 
recommendations as his experience may justify. (ld., Sec. 
16;¢Par79:) 


Sec. 538. Penalty—Any person, firm or corporation who 
shall in any way violate any of the preceding provisions of this 
article shall be deemed guilty of a misdemeanor and upon con- 
viction shall be punished by a fine of not less than Twenty- 
five Dollars ($25.00) nor more than Two Hundred Dollars 
($200.00). (Id., Sec. 16, Par. 10.) 


Sec. 539. Authority Health Officer, Etc., to Condemn; 
Duty Health Officer, Etc.; Penalty—That whenever the 
Health Officer, City Pathologist or any Food Inspector shall 
find any meat, animal substance, fish, fruit, vegetables, or any 
other food product that is blown, meager, filthy, decomposed, 
diseased, putrid, decayed, unsound, unwholesome or otherwise 
unfit for consumption, as provided in the foregoing and subse- 
quent sections of this article, he shall have the right and 
authority to condemn the same as unfit for consumption, and it 
shall be the duty of such Health Officer, City Pathologist or 
Food Inspector to so condemn the same and to order such food 
product removed from the city or to destroy it, or to satu- 
rate it with some chemical so that it cannot be offered for sale 
again, as in his judgment he may deem best, and that any 
Health Officer, City Pathologist or Food Inspector who shall 


of the City of Houston 201 


violate this article shall be punished by a fine of not less than 
Five Dollars and not more than Twenty- live Dollars for each 
offense. (Id., Sec. 16, Par. 11.) 


Sec. 540. Diseased Animals Not to Be Brought Into City, 
Etc.—No person shall bring within the City of Houston, or 
offer or expose for sale, or sell within said city, any sick or 
diseased animal or the flesh of any animal which, when killed, 
was sick or diseased, or that died a natural or accidental death, 
provided, such animal be an animal commonly used for food 
purposes. (Code 1904, Art. 401.) 


Sec. 541. Penalty—Any person who shall violate any of 
the provisions of the next preceding section shall be deemed 
guilty of a misdemeanor, and, upon conviction thereof, shall 
be punished by a fine of not less than Twenty-five Dollars 
($25.00) and not more than Two Hundred Dollars ($200.00). 
(Id., Art. 423.) 


ARTICLE 19. 
Foop PRODUCTS, REGULATING SANITARY CONDITIONS, ETC. 


Sec. 542. Condition, Eic., of Buildings, Etc., Used or Oc- 
cupied for Certain Purposes; Meaning Term ‘‘Food’’—Every 
building, room, basement or cellar, occupied by or used as a 
bakery, confectionery, cannery, packing house, slaughter 
house, dairy, creamery, cheese factory, restaurant, hotel, groc- 
ery, meat market, or other place or apartment used for the 
preparation for sale, manufacture, packing, storing, sale or 
distribution of any food, shall be lighted, drained, plumbed and 
ventilated, and conducted with strict regard to the influence 
of such condition upon the health of the operatives, employees, 
clerks or other persons therein employed, and the purity and 
wholesomeness of the food therein produced; and for the pur- 
pose of this chapter the term “food” as used herein shall in- 
clude all articles used for food, drink, confectionery or condi- 
ment, whether simple, mixed or compound, and all substances 
or ingredients used in the preparation thereof. (Jan. 26, 
1914; Ord. Bk. 4, pp. 41 et seq., Sec. 18, Par. 1.) 


Sec. 543. Unclean, Unhealthful and Unsanitary Condi- 
tions of Establishments, Etc., Manufacturing, Etc., Prohib- 
ited; Deemed to Exist, When—The floors, walls, ceilings, fur- 
niture, receptacles, implements and machinery of every estab- 
lishment or place where food is manufactured, packed, stored, 
sold or distributed, and all cars, trucks and vehicles used in 


202 Revised Code of Ordinances 


the transportation of food products, shall at no time be kept in 
unclean, unhealthful and unsanitary condition, and for the 
purpose of this chapter unclean, unhealthful and unsanitary 
conditions shall be deemed to exist if food in the process of 
manufacture, preparation, packing, storing, sale, distribution 
or transportation is not securely protected from flies, dust, dirt 
and as far as may be deemed necessary, by all reasonable 
means, from all other foreign or injurious contamination; and 
if the refuse, dirt and the waste products subject to decompo- 
sition and fermentation incident to the manufacture, prepara- 
tion, packing, storing, selling, distributing and transporting of 
food, are not removed daily; and if all trucks, trays, boxes, 
baskets, buckets and other receptacles, chutes, platforms, 
racks, tables, shelves, and all knives, saws, cleavers and other 
utensils and machinery used in moving, handling, cutting, 
chopping, mixing, canning and all other processes are not 
thoroughly cleaned daily, and if the clothing of operatives, em- 
ployees, clerks and other persons therein employed is unclean. 
(Id., Sec. 18, Par. 2.) 


Sec. 544. Interior Construction, Finish and Condition of 
Bakeries, Etc.—The walls and ceilings of every bakery, confec- 
tionery, creamery, cheese factory, hotel and restaurant kitchen 
shall be well plastered, wainscoted, or ceiled with metal or lum- 
ber, and shall be oil painted or kept well lime-washed, and all 
interior woodwork in every bakery, confectionery, creamery, 
cheese factory, hotel or restaurant kitchen shall be kept well 
oiled or painted with oil paints, and be kept washed clean with 
soap and water; and every building, room, basement or cellar 
occupied or used for the preparation, manufacture, packing, 
storage, sale or distribution of food shall have an impermeable 
floor made of cement or tile laid in cement, brick, wood or oth- 
er suitable non-absorbent material which can be flushed and 
washed clean with water. (ld., Sec. 18, Par. 3.) 


Sec. 545. Screen Doors and Windows, When—The doors, 
windows and other openings of every food-producing or dis- 
tributing establishment during the fly season shall be fitted 
with self-closing screen doors and wire window screens of not 
coarser than fourteen (14) mesh wire gauze. (lId., Sec. 18, 
Par. 4.) : 


Sec. 546. Toilet Rooms; Construction; Lavatories and 
Wash Rooms, Supplied With; Maintained; Operatives, Etc., 
Shall Wash Hands, When—E very building, room, basement 
or cellar occupied or used for the preparation, manufacture, 


of the City of Houston 203 


packing, canning, sale or distribution of food shall have con- 
venient toilet rooms separate and apart from the room or 
rooms where the process of production, manufacture, packing, 
canning, selling or distributing is conducted. The floors of 
such toilet rooms shall be of cement, tile, wood, brick or other 
non-absorbent material and shall be washed and scoured daily. 
Such toilet or toilets shall be furnished with separate venti- 
lating flues or pipes, discharging into soil pipes, or on the out- 
' side of the building in which they are situated. Lavatories 
and wash-rooms shall be adjacent to the toilet rooms and: shall 
be supplied with soap, running water and towels, and shall be 
maintained in a sanitary condition. Operatives, employees, 
clerks and all persons who handle the material from which 
food is prepared, as the finished product, before beginning 
work or after visiting toilet or toilets, shall wash their hands 
and arms thoroughly in clean water. (lId., Sec. 18, Par. 5.) 


Sec. 547. Cuspidors Provided and Cared for; Expectora- 
tion on Floor or Walls Forbidden—Cuspidors for the use of 
operatives, employees, clerks or other persons shall be provided 
whenever necessary, and each cuspidor shall be thoroughly 
emptied and washed out daily with- disinfectant solution, and 
five ounces of such solution shall be left in such cuspidor while 
it is in use. No operative, employee or other person shall ex- 
pectorate on the floor or walls of any building, room, basement 
or cellar where the production, manufacture, packing, storing, 
preparation or sale of any food is conducted. (Id., Sec. 18, 
Par. 6.) 


Sec. 548. Living or Sleeping in Work Rooms of Bakery, 
Etc., Prohibited—No person or persons shall be allowed to live 
or sleep in any work room of a bakery, kitchen, dining room, 
confectionery, creamery, cheese factory or place where food is 
prepared for sale, served or sold. (Id., Sec. 18, Par. 7.) 


Sec. 549. Persons Affected With Certain Diseases Not to | 
Work in Buildings, Etc., Occupied or Used for Production, 
Etc., of Food—No employer shall require, permit or suffer any 
person to work, nor shall any person work, in a building, room 
or basemen? cellar or vehicle occupied or used for the produc- 
tion, preparation, manufacture, packing, storing, sale, distrib- 
ution and transportation of food, who is affected with any 
venereal disease, smallpox, diphtheria, scarlet fever, yellow fe- 
ver, tuberculosis or consumption, bubonic plague, Asiatic chole- 
ra, leprosy, trachoma, typhoid fever, epidemic dysentery, 
measles, mumps, German measles, whooping cough, chicken 


204 Revised Code of Ordinances 


pox or other infectious or contagious disease. (Id., Sec. 18, 
Parcs.) 


Sec. 550. Health Officer, Etc., Has Power to Enter Build- 
ings, Etc., to Inspect; Duties When Article is Being Violated; 
City Attorney to Prosecute; Health Officer May Issue Notice 
to Abate, Etc.; Person Receiving May Appear to Give Reason 
Why Notice, Etc., Shall Not Be Obeyed—The Health Officer 
of the City of Houston, or other agents of the Board of Com- 
missioners, shall have full power at all times to enter every 
building, room, basement, or cellar occupied or used or sus- 
pected of being occupied or used for the production for sale, 
manufacture for sale, storage, sale, distribution or transporta- 
tion of food, and to inspect the premises and all utensils, fix- 
tures, furniture and machinery used as aforesaid, and if upon 
inspection any food producing or distributing establishment, 
conveyance, employer, operative, employee, clerk, driver or 
other person is found to be violating any of the provisions of 
this article, or if the production, preparation, manufacture, 
packing, storing, sale, distribution or transportation of food is 
being conducted in a manner detrimental to the health of the 
employees or operatives, or to the character or quality of the | 
_food therein produced, manufactured, packed, stored, sold, dis- 
tributed or conveyed, the Health Officer or the inspector mak- 
ing the examination or inspection shall furnish evidence of 
said violation to the City Attorney, who shall prosecute all 
persons violating any of the provisions of this article; pro- 
vided, however, that as a constructive administration means, 
under this article, and for such purpose only, the Health Offi- 
cer may issue a notice to the person or persons in authority at 
the aforesaid establishment to abate the condition, or to make 
such improvements as may be necessary to .abate it, within 
a period of such reasonable time as the Health Officer may di- 
rect. .Such notice shall be in writing and the person receiving 
such notice may, within five days from the issuance of the no- 
tice, appear in person or by attorney, before the Health Officer 
and the Mayor of Houston to give reason why such notice or 
instructions shall not be obeyed. (Id., Sec. 18, Par. 9.) 


Sec. 551. All Places, Etc., to Be Open to Inspection; Deal- 
ers in Food Products Produced, Etc., Outside City, Where 
Sanitary Inspection Has Been Denied, Subject to Penalties— 
Any and all places producing, handling, transporting food for 
sale in the City of Houston, whether located in the city or not, 
shall, as a requisite for the sale of food in the City of Houston, 
be open to inspection as provided in this article. And any 


of the City of Houston 205 


person who shall offer for sale in the City of Houston any food 
products which have been produced or handled outside of the 
City of Houston, and concerning which sanitary inspection 
has been denied, as provided in this article, shall, upon convic- 
tion, be subject to the penalties provided for violation of pro- 
visions of this article. (Id., Sec. 18, Par. 10.) 


Sec. 552. Penalty—Any person, firm or corporation or 
agent who violates any of the provisions of this article shall 
be guilty of a misdemeanor, and, upon conviction, shall be pun- 
ished by a fine of not less than Ten Dollars ($10.00) nor more 
than One Hundred Dollars ($100.00). (Id.; Sec. 18, Par. 11.) 


ARTICLE 20. 
CiTy MARKET, ETC., REGULATING SANITARY CONDITIONS, ETC. 


Sec. 553. Condition Stalls, Etc., in; Must Be Conducted, 
How; Unsound and Unwholesome Articles, Etc., Not to Be 
Offered for Sale in; Screens to Be Erected; Power and Duty 
of Health Officer; City Attorney to Prosecute—Each and 
every stall in the City Market, and each and every place where 
any food stuff is offered for sale or distribution, shall be prop- 
erly lighted, drained and ventilated; and each of said places 
shall be conducted with strict regard to the sanitary and health 
conditions of the city, and no meat, fish, fowls, vegetables, fruit 
or products of any kind shall be offered for sale in said market 
house that is not wholesome and sound; and all necessary 
screens shall be erected in and through the market house to 
protect the food products offered for sale therein from dust 
and flies. 


The Health Officer of the City of Houston shall have full 
power at all times to enter any stall or place in the City Mar- 
ket where food stuff is offered for sale or assembled for dis- 
tribution, and shall have the right to inspect said premises, 
and all utensils, fixtures, furniture and machinery used in con- 
nection therewith; and if, upon investigation, any food prod- 
ucts or substances offered for sale is found to be unsound or 
unclean and not good and wholesome food, or if said stall is 
conducted in a manner detrimental to the health and comfort 
of the citizens of Houston, the said Health Officer or inspector 
making the inspection or examination shall furnish evidence 
of said violation to the City Attorney, who shall prosecute all 
persons violating any of the provisions of this article. (Jan. 
26, 1914; Ord. Bk. 4, pp. 41 et seq., Sec. 17, Par. 1.) 


206 Revised Code of Ordinances 


Sec. 554. Penalty—Any person, firm, corporation or agent 
who violates any of the provisions of this article shall be guilty 
of a misdemeanor, and shall be punished by a fine of not less 
than Five Dollars ($5.00) nor more than Fifty Dollars 
($50.00). (Id., Sec. 17, Par. 2.) 


ARTICLE 21. 
COLD STORAGE, REGULATIONS GOVERNING. 


Sec. 555. Cold Storage Meats, Etc., to Be Branded; Mean- 
ing Term ‘‘Cold Storage’’—All cold storage meats, eggs, poul- 
try, fish, ice cream and other cold storage animal products 
shall be plainly labeled or branded to show the facts of cold 
storage to the consuming public. The term “cold storage’ shall 
be construed to mean the storing and preservation of food 
products by cold. Except, however, such labeling and brand- 
ing shall not be necessary where the ice or refrigeration is in- 
cident to the preservation of the fresh, unstored product from 
the producer to the customer, and without unnecessary delay. 
(Jan. 26, 1914; Ord. Bk. 4, pp. 41 et seq., Sec. 19, Par. 1.) 


Sec. 556. Must Have Efficient Icing Arrangements, Etc.; 
Handling of—No retailer shall handle cold storage products 
or other products required to be preserved with ice, without 
sufficient icing arrangements or refrigeration therefor. All 
such products shall not be exposed to warm temperature and 
shall be handled as otherwise specified in the sanitary provi- 
sions of this chapter and the laws of the State. (Id., Sec. 19, 
Pare) 


Sec. 557. Products Once Removed From and Sent Back 
Cannot Be Sold; Cold Storage Foods Shall Be Delivered Di- 
rectly; Sale of Certain Products Prohibited—No product shall 
be served or sold in the City of Houston which has been once 
removed from cold storage and exposed in the retail markets 
for sale, and sent back into cold storage; this to include tur- 
keys, chickens and similar products which are taken out, for 
example, for the Thanksgiving and other markets, and exposed 
in the retail market, and which, not being sold, are returned 
to storage for the Christmas or other markets. Cold storage 
foods shall be delivered direct from cold storage, through prop- 
er facilities and sanitary conditions in the retail market, to the 
consuming public, and the sale of any such product which has 
been subjected to any condition which would render it con- 
taminated, unwholesome or unfit for food, shall be prohibited. 
(Id?) Sec 19,oPar.73.) 


of the City of Houston LAZOT 


Sec. 558. Signs and Labeling of Products of; Representa- 
tions as to Products—The signs and labeling, as specified here- 
in, shall obtain with respect to products coming into Houston 
between the producer or packer and the wholesale trade, be- 
tween the wholesale trade and the general public. Restau- 
rants and hotels supplying such stored products shall display 
signs on the menu, or otherwise, to that effect. No product 
shall be sold as “‘fresh,” ‘“‘strictly fresh” or “from the country,” 
or by similar description which is a stored product or which 
is not as represented; nor, on the other hand, shall any prod- 
uct be sold as a cold storage when such is not the case, or 
which has been so exposed or kept as to deteriorate in quality 
after leaving cold storage, but shall have such additional facts 
stated on the signs and labeling in the manner as may be di- 
rected by the Board of Health. (Id., Sec. 19, Par. 4.) 


Sec. 559. Penalty—Any person, firm or corporation or 
agent who violates any of the provisions of this article shall 
be guilty of a misdemeanor, and, upon conviction, shall be pun- 
ished by a fine of not less than Ten Dollars ($10.00) nor more 
than One Hundred Dollars ($100.00). (Id., Sec. 19, Par. 5.) 


ARTICLE 22. 
MILK AND FoOoD PRODUCTS, CONDEMNATION, ETC. 


Sec. 560. Health Officer, Etc., to Tag Adulterated Milk, 
Etc.; Removal Forbidden; Penalty—Whenever the Health 
Officer, or any of his employees, shall find any article of milk, 
meat or other food which is adulterated within: the meaning 
of this chapter, or any other article or substance which is det- 
rimental to public health, such article shall be tagged or other- 
wise properly marked, giving notice that the product is sus- 
pected of being adulterated or detrimental to public health, 
and warning all persons not to remove the same until given 
permission by the Health Officer or the courts, and it shall be 
unlawful for any person or persons, firm or corporation, to 
remove or otherwise dispose of same, in violation of this sec- 
tion, and any person or persons, firm or corporation doing so 
shall be fined not less than Ten Dollars ($10.00) nor more 
than Fifty Dollars ($50.00). (Jan. 26, 1914; Ord. Bk. 4, pp. 
Al et seq., Sec. 20, Par. 1.) 


Sec. 561. Notice Borne by Tag; Procedure to Condemn— 
Such tag or notice shall give notice that the article has been 
quarantined. The Health Officer or his employees shall then 
petition the judge of the Corporation Court for the condem- 


208 Revised Code of Ordinances 


nation and destruction of any such product. The owners or 
defenders of any such product or property shall be given the 
right to a hearing, first before the Health Officer, if they so 
desire, and before the court. The notice of a hearing to be 
before the Health Officer shall also state the length of time 
within which such hearing may be had. (lId., Sec. 20, Par. 2.) 


Sec. 562. Disposition of Property, if Finding is With 
Health Officer—lIn case the finding of a court is with the 
Health Officer; the article shall be destroyed by the Health 
Department at the expense of the owner of the property, or 
by the owner of the property under the supervision of the 
Health Department, and in such case all other costs shall be 
taxed against the owners or defenders of the property, if such 
appear, or shall be collected, if no one appear, against the own- 
er or agent properly ascertained. (Id., Sec. 20, Par. 3.) 


ARTICLE 28. 
PERMITS (MISCELLANEOUS). 


Sec. 563. Permits Necessary to Bring Into City Certain 
Fresh Food Products; Also, to Operate Places Where Such 
is Produced, Etc.; Also to Operate Soda Fountains, Etc.; How 
Issued; Shall Be Revoked, When; Notice; Revocation; Per- 
mits Issued Annually; Penalty—No person, firm or corpora- 
tion or agents shall bring any fresh meat, poultry, fish, ice 
cream, or other fresh meat or meat product into the City of 
Houston for sale without a permit so to do from the Health 
Officer; and no person shall operate any place where fresh 
meat, poultry, fish, ice cream or other fresh meat or meat prod- 
uct is produced, prepared, kept, offered for sale, or sold, in 
the City of Houston, or any. soda fountain, pop or other bot- 
tling factory, or other place where foods are produced, pre- 
pared, stored, kept, or offered for sale, except foods which, 
from their method of packing, and by reason of handling in 
original packages, are not subject to contamination, without a 
permit so to do from the Health Officer. Such permit shall be — 
issued annually by the Health Officer, free of charge, subject — 
to the approval of the Board of Health and the Board of Com- 
missioners and only upon the Health Officer, Board of Health 
and the Board of Commissioners being satisfied that the place 
where any such products are being produced, stored, kept, or 
offered for sale, is operated and maintained in a condition as 
provided for in other provisions of this chapter, and that such 
place has the equipment and method necessary for the main- 


of the City of Houston © 209 


tenance of sanitary conditions throughout. And whenever 
such sanitary conditions as provided in this chapter shall be 
found not to exist, such permit shall be revoked, provided, 
however, that before the revoking of such permit the party or 
parties at interest be given a notice of the conditions com- 
plained of, together with statement of a time within which 
the conditions shall be corrected, and, if, after such notice, 
conditions are not corrected, then shall the permit be revoked, 
but the party or parties at interest shall have the right to ap- 
peal to the Board of Health, the Board of Commissioners and 
to the courts. Such permit shall be renewed annually on the 
first day of April to be valid, and the payment of any license 
fee to the City of Houston shall not entitle the holder of such 
license to operate any business for which a sanitary permit is 
required in this chapter, unless such party or parties also 
comply with the conditions necessary for the sanitary permit. 
Any person, or persons, firm or corporation or agents, bring- 
ing for sale in the City of Houston, or selling any such prod- 
ucts as mentioned in this section without a permit so to do, 
or after such permit shall have been revoked, shall, upon con- 
viction, be fined not less than Ten Dollars ($10.00) nor more 
than One Hundred Dollars ($100.00) for each offense, and 
each day’s time shall constitute a separate offense. (Jan. 26, 
1914; Ord. Bk. 4, pp. 41 et seq., Sec. 21, Par. 1.) 


ARTICLE 24. 
INSPECTION (MISCELLANEOUS). 


Sec. 564. Slaughter Houses; Animals for Slaughter, Etc., | 
and Meats Sold—The Health Officer and the meat and milk 
inspector, acting under his direction, in addition to the inspec- 
tions provided for in this chapter, shall inspect all slaughter 
houses, slaughtering meat for sale in the City of Houston. 
And, until the city provides, by a municipal abattoir, or other 
means, for meat inspection, shall, as far as possible, inspect all 
animals intended for slaughter and for sale in the City of 
Houston and carcasses of same, and all meats sold in the City 
of Houston under the meat inspection rules and regulations as 
adopted under the law by the State Board of Health and the 
director of the Texas Agricultural Experiment Station, with 
respect to such inspections and the provisions of this chapter 
applying. (Jan. 26, 1914; Ord. Bk. 4, pp. 41 et seq., Sec. 22.) 


Sec. 565. Samples to Be Delivered; Duties of Health Of- 
ficer, Etc., With Reference to; Shall Not Be Tampered 


210 Revised Code of Ordinances 


With—Dairymen and other food dealers, on being tendered 
the market price, shall deliver to the Health Officer or other 
authorized agents of the City of Houston, a sufficient sample 
of food for examination under this chapter. Such Health Of- 
ficer, or other authorized agents, shall take or know that there 
has been taken a sample which is representative of the food 
as actually sold on the market. No dairyman or other food 
dealer shall treat or in any way tamper with a sample of food 
delivered to such Health Officer or agents, or in any way pro- 
vide a sample of milk or other food so treated or tampered 
with as to have the examination and analysis not show the 
actual condition of the product as sold in the market. The 
work of the inspection and examination under this chapter 
shall in no way be employed so as to give special advantage to 
any individual or any firm in the sale of foods. The inspec- 
tors, bacteriologists, chemists and others operating under this 
chapter shall, as far as possible, help any dairyman or food 
dealer in locating the cause of trouble; but any such help or 
assistance shall not be used for private advertisement, except 
in cases where the certificate of the Health Officer is required 
to certify that a product or a process is clean and wholesome. 
All such help or assistance given one individual or firm shail, 
likewise, be at the service of all individuals or firms. (Id., 
sec. 23.) 


Sec. 566. Penalty—Any person, firm or corporation or 
agents, violating any part of the next preceding section, shall, 
upon conviction, be fined not less than Fifty Dollars ($50.00) 
nor more than One Hundred Dollars ($100.00) ; and in the 
case of the dairyman or food dealer, in addition to such fine, 
he shall be refused a permit to do business in the City of Hous- 
ton; and in the case of an employee or agent of the City of 
Houston, in addition to such fine, he shall be discharged from 
such agency or employment. (lId., Sec. 23.) 


Sec. 567. Unlawful to Prevent or Resist Board of Health, 
Etc., From Entering Building, Etc.; Penalty—It shall be un- 
lawful for any person or persons to prevent the Board of 
Health, or any member thereof, Chief of Police, or any of his 
subordinates, City Health Officer, or any health inspector, 
from entering into any building or inclosure for the purpose 
of performing and executing any of the powers and duties 
conferred and enjoined upon said officers, or either of them, 
by this chapter, or to resist any of said officers in the execu- 
tion of any of the provisions hereof. Any person offending 
against any of the provisions of this section shall, upon con-_ 


of the City of Houston 211 


lars nor less than Ten Dollars. (Id., Sec. 1, Par. 9.) 


Sec. 568. Powers of Employees, Etc.—The term Health 
Officer, whenever used herein with reference to inspections, 
shall be held to include the inspectors, employees and agents 
of the Health Department, and they shall have the same power 
with regard to inspections as the Health Officer. (Code 1904, 
Art. 424.) 


ARTICLE 25. 
CONSTRUCTION. 


Sec. 569. ‘‘Person,’? How Construed—The word “‘person,”’ 
as used anywhere in this chapter, shall be construed to mean 
any person, persons, firm or corporation or agent who shall 
commit, or be responsible for the committing, of any acts 
which are made unlawful therein. (Jan. 26, 1914; Ord. Bk. 
4, pp. 41 et seq., Sec. 24.) 


Sec. 570. Article or Animal Exhibited, Etc., When—Any 
article or animal exhibited or offered for sale in any market 
or elsewhere, as though it was intended for sale, shall be 
deemed offered and exposed for sale within the intent and 
meaning of this chapter. (Code 1904, Art. 404.) 


ARTICLE 26. 
VITAL STATISTICS, ETC. 


Sec. 571. Reports of the Birth of Children; Contents; 
Penalty—That all physicians, surgeons or midwives, who shall 
attend upon the birth of any child in this city, or in the ab- 
sence of such professional attendants, the father of such child, 
or if such child have no father, then its mother shall report 
the fact of birth, together with the name, sex, color and such 
other data relating thereto as may be prescribed by the rules 
promulgated by the State Board of Health, within five (5) 
days from the time of the birth of said child, said report to be 
made to the City Health Officer, as hereinafter provided. Any 
physician, surgeon or midwife, or any parent who shall fail 
to make the report above provided shall be guilty of an of- 
fense, and upon conviction thereof in the Corporation Court 
shall be fined not'less than Five Dollars ($5.00) nor more 
than One Hundred Dollars ($100.00). (Jan. 17, 1910; Ord. 
Bk. 2, p. 550, Sec. 1.) 


Zhe, Revised Code of Ordinances 


Sec. 572. Certificates of Death to Be Filed; Contents; 
Penalty—Every person acting as undertaker shall file with 
the City Health Officer a certificate of death and obtain a 
burial permit from said City Health Officer in each case, in- 
cluding still-births, in which he so engages to act; and all per- 
sons furnishing a coffin or box in which to bury the dead shall 
be included within the term ‘‘undertakers.”’ 

It shall be the duty of such undertaker to accurately fill out 
the death certificate, giving the name, age, sex, nativity and 
such other “personal and statistical particulars” as may be re- 
quired; and said undertaker shall obtain from the physician 
or coroner the answers to questions under the head of ‘‘med- 
ical particulars” of the death certificate. | 

Any undertaker who shall fail to file the certificate of death. 
above provided, or who shall bury the body of any deceased 
person without first obtaining a burial permit from the City 
Health Officer, shall be guilty of an offense, and upon convic- 
tion thereof in the Corporation Court shall be fined in any sum 
not less than Five Dollars ($5.00) nor more than One Hun- 
dred Dollars ($100.00). (Id., Sec. 2.) 


Sec. 573. Interment or Cremation Prohibited Without 
Burial Permit; Penalty—lIt shall be unlawful for any super- 
intendent, sexton, or other person in charge of a place of burial 
or sepulture, or a place of cremation, to permit the interment 
or cremation of any body without having first obtained from 
the undertaker or other person in charge thereof the burial 
permit therefor furnished by the Health Officer of the City 
of Houston, and it shall be the duty of said superintendent, 
sexton, or other person in charge of said place of burial or 
cremation to retain in place on file and safely keep said per- 
mit as a matter of permanent record. Any superintendent, 
sexton, or other person in charge of any place of burial or 
cremation who shall permit any body to be buried or cre- 
mated without having first been furnished a burial permit, 
in violation of this section, shall be guilty of an offense, and 
upon conviction thereof in the Corporation Court shall be fined 
in any sum not less than Five Dollars ($5.00) nor more than 
One Hundred Dollars ($100.00). (Id., Sec. 3.) 


Sec. 574. Body of Person Shall Not Be Interred, Etc., 
Until Permit From City Health Officer; Transit Permits; Pen- 
alty—The body of any person whose death or burial occurs 
in this city shall not be interred, deposited in any vault or 
tomb, cremated or otherwise disposed of, or removed or trans- 


of the City of Houston 213 


ported from this city until a permit for burial, removal or 
other disposition shall have been issued by the City Health 
Officer of said city, and no such burial or removal permit shall 
be issued by said City Health Officer until a complete cer- 
tificate of the death has been filed with him as hereinbefore 
provided; provided, that a transit permit issued in accord- 
ance with the law and health regulations of the place where 
the death occurred may be accepted by said City Health Offi- 
cer as a basis upon which to issue said burial permit. 

Any person who shall cause or permit to be interred, cre- 
mated, deposited in a vault or tomb or otherwise disposed of 
or removed or transported out of the city the remains of any 
deceased person without having first obtained the required 
permit from the City Health Officer shall be fined in any sum 
not less than Five Dollars ($5.00) nor more than One Hun- 
dred Dollars ($100.00). (Id., Sec. 4.) 


Sec. 575. Physicians and Coroners to Give Death Cer- 
tificate; Penalty—In event of'a death, including still-births, 
occurring in any case to which any physician is the last in at- 
tendance, or in the event a coroner shall hold an inquest to as- 
certain the cause of death, it shall be the duty of said physician 
or coroner to promptly and accurately fill out the required form 
of death certificate, when said death certificate is presented by 
the undertaker. Any physician or coroner who shall fail or re- 
fuse to fill out promptly and accurately the questions in the 
death certificate, when requested by the undertaker, shall be 
guilty of an offense, and upon conviction thereof in the Corpo- 
ration Court shall be fined in any sum not less than Five Dol- 
lars ($5.00) nor more than One Hundred Dollars ($100.00). 
(Id., Sec. 5.) 


Sec. 576. Where No Physician or Coroner, City Health 
Officer to Give Certificate—In the event of a death occurring 
without a physician in attendance, and the services of a coro- 
ner not necessary, it shall then become the duty of the City 
Health Officer to investigate any such case and to issue the 
- certificate of death. (lId., Sec. 6.) 


Sec. 577. Certificates of Death and Birth to Be Made on 
Form Furnished by State Health Board—AIl certificates of 
births and deaths shall be made in the manner prescribed, and 
on the form of certificate as supplied by the State Board of 
Health. (Id., Sec. 7.) 


Sec. 578. Records of Births and Deaths to Be Kept by 
City Health Officer—It shall be the duty of said City Health 


21 


214 Revised Code of Ordinances 


Officer of the City of Houston to record in a well-bound book 
all births and deaths which are reported to him, together with 
such statistics and data as shall be furnished him by the birth 
certificate and death certificate before mentioned. And it shall 
be the duty of said City Health Officer to transmit all such 
original birth and death certificates received during the pre- 
ceding month to the State Registrar of Vital Statistics at Aus- 
tin, Texas, on or before the 10th Gey of the month following. 
(Id., Sec. 8.) 


Sec. 579. Examination and Record to Be Made by Under- 
takers of Certain Bodies Prepared for Burial—That it shall 
be unlawful for any person, firm or corporation, their agents, 
servants or employees, or any member of any firm, or any 
officer or director of any corporation engaged in the under- 
taking business in the City of Houston to prepare for burial, 
or to suffer or permit their agents, servants or employees to 
prepare for burial, the body of any unidentified dead person, 
or the body of any known person who has met death by un- 
lawful violence, or who has died under circumstances leading 
to the suspicion of foul play or circumstances indicating self- 
destruction, unless the examination and record hereinafter re- 
quired shall be made and kept in a permanent form by such 
undertaker or the agents, servants or employees in charge of 
such business. (Dec. 15, 1913; Ord. Bk. 3, p. 572, Sec. 1.) 


Sec. 580. Record in Case of Body of Unidentified Dead 
Person; Contents, Etc.; Notice to Health Officer, When— 
It shall be the duty of every undertaker in the City of Hous- 
ton, whether a person, firm or corporation, and their agents, 
servants and employees, who shall handle the body of an un- 
identified dead person to make and keep a complete permanent 
record thereof, which record shall show the date of taking 
charge of said body; shall contain a description of the appear- 
ance of the body when turned over to such undertaker; the 
race and color, if determinable; the apparent age; the height 
and weight; color of hair and eyes; condition and appearance 
of the teeth; all physical peculiarities, deformities, scars or 
birthmarks ; whether or not any members are missing, and if 
so, what; all marks of violence, abrasion, contusion and 
wounds, if any, visible upon the body, giving the nature, ex- 
tent and exact location thereof and the probable means of in- 
flicting the same; the size of the shoes worn; the color, make — 
and condition of the clothing, and an enumeration of all pa- 
pers, letters and personal effects such as money, glasses, 
watches, rings or other jewelry, knives or weapons of any kind 


of the City of Houston 215 


found upon such person, all of which clothing and personal ef- 
fects shall be turned over to the Chief of Police upon demand. 
If any evidence of poisoning exist, the City Health Officer shall 
be notified, and if he so recommend, the viscera of such per- 
son shall be removed and turned over to such officer. Such 
record shall in all cases state that the party making same has 
made a complete examination of said body and clothing, and 
has set down all facts ascertained by him in such examina- 
tion, that the same are true and correct, and that he has made 
every reasonable effort to discover the name and relations of 
the dead person. The name of each person or persons giving | 
to such undertaker any information concerning such dead per- 
son and the nature of such information shall also be stated. 
(ids 5ec23) 


Sec. 581. Record in Case of Known Dead Person in Cer- 
tain Cases; Contents; When Report to City Health Officer— 
It shall be the duty of every undertaker, their agents, servants 
and employees in the City of Houston, who shall handle the 
body of any known dead person who has met death by unlaw- 
ful violence, or who has died under circumstances such as to 
arouse suspicion of foul play, or circumstances indicating self- 
destruction, to make and keep a complete permanent record 
thereof, which shall contain the name of the dead person, the 
date of taking charge of the body; the appearance of the body, 
the nature, extent and exact location of all marks of violence, 
abrasions, contusions or wounds visible upon the body, and 
the apparent means by which the same were inflicted.. If any 
evidences of poisoning exist, the undertaker shall immediately 
notify the City Health Officer, and if such officer so recom- 
- mends, the viscera of such dead person shall be removed and 
turned over to the officer for examination. All personal ef- 
fects found upon the body shall be carefully enumerated and 
turned over to the Chief of Police upon demand. (Id., Sec. 3.) 


Sec. 582. Hospitals, Etc., to Keep Certain Permanent 
Records; Contents; Examinations to Be Made and Signed by 
Whom—lIt shall be the duty of every person, firm or corpora- 
tion, their agents, servants and employees, engaged in operat- 
ing any hospital, infirmary, sanitarium or institution of sim- 
ilar character in the City of Houston to make and keep a com- 
plete permanent record of every person who shall receive treat- 
ment in said institution, and the date, nature and duration and 
final result of such treatment, and if any of such persons are 
suffering from any injury by unlawful violence, or are suffer- 
ing from poisoning, a full description of such injury or in- 


216 Revised Code of Ordinances 


juries, or of the effects of such poisoning shall be given, set- 
ting forth the nature, extent and exact location of all marks 
of violence, abrasions, contusions or wounds visible upon the 
body, and, in case of poisoning, shall state the nature and ef- 
fect thereof, and shall determine, if possible, the drug used. 
The name of the person inflicting such unlawful injury or ad- 
ministering such poison shall be obtained, if possible, and re- 
corded. And if any unidentified person shall die in any such 
hospital, infirmary, sanitarium or other institution in this city 
from any cause or causes whatsoever, or if any person whose 
name is known to the authorities of such institution shall die 
therein from injuries inflicted by unlawful violence, or under 
circumstances leading to the suspicion of foul play, or circum- 
stances indicating self-destruction, then the examination and 
record hereinbefore required to be made by undertakers shall 
in all such cases be made by one or more physicians attend- 
ing upon said institution. All examinations and records here- 
in required to be made of persons treated in hospitals, in- 
firmaries, sanitariums or other institutions shall be made by 
the physician or physicians in charge of the particular cases 
and shall be signed by him, or them, stating that a complete 
examination and record has been made, and shall contain the 
name of the person or persons requesting treatment for any 
patient, and shall state the name of the undertaker to whom 
the dead body is delivered and the date of such delivery. (Id., 
Sec. 4.) 


Sec. 583. Undertakers Shall Not Bury, Etc., in Certain 
Cases Unless Examination and Record Has Been Made; 
Monument, Etc.—It shall be unlawful for any person, firm or 
corporation, their agents, servants and employees engaged in © 
the undertaking business in this city, or any member of said 
firm, or any officer or director of such corporation, to bury, 
or suffer, permit or order the burial of by the agents, servants 
or employees, or any other person for them, the body of any 
unidentified person in the Potter’s field, or in any cemetery 
in this city unless the examination and record hereinbefore 
required shall be made; provided, further, that in said record 
shall be entered the date of burial and the place, giving the lot 
number of the particular place of burial; and provided, fur- 
ther, that no such person shall be buried by any undertaker 
unless there shall be placed at his grave a monument suffi- 
ciently indestructible to remain for a period of one year, which 
shall contain a number corresponding to that of the body in 
such undertaker’s record, the name of the undertaker and the 


of the City of Houston 217 


date of burial in legible form upon such monument. (Id., 
Sec. 5.) 


Sec. 584. Penalties—Any person, firm or corporation and 
any member of any firm, and any officer or director of any 
corporation engaged in the business of undertaking in the 
City of Houston or engaged in operating any hospital, infir- 
mary, sanitarium or other such institution in this city who 
shall violate any of the provisions of the next preceding five 
sections to be observed by him or it, or who shall suffer or 
permit the agents, servants and employees of such person, 
firm or corporation to violate any of the provisions of such 
sections, and any physician or physicians charged with the 
duty of keeping the records herein required who shall fail or 
refuse to keep such records, or who shall violate any of the 
provisions of the next preceding five sections to be observed 
by him, shall be deemed guilty of an offense and upon convic- 
tion thereof shall be fined in any sum not less than Fifty Dol- 
lars nor more than Two Hundred Dollars. (ld., Sec. 6.) 


Sec. 585. Policemen and Peace Officers to Keep Com- 
plete Permanent Record in Certain Cases; Penalty—It shall 
be the duty of every policeman, and all other peace officers in 
the City of Houston, who shall discover or handle the body 
of any unidentified dead person, or any known dead person, 
who has met death by ulawful violence, or under circum- 
stances leading to the suspicion of foul play, or under cir- 
cumstances indicating self-destruction, to make and keep a 
complete permanent record showing the exact date thereof, 
the place of discovering said body, the name or names and ad- 
dresses of persons, if any, giving information leading to such 
discovery, the name of the undertaker or other person to whom 
said body shall have been turned over; and it is also made the 
duty of every policeman, or other peace officer in this city, 
who shall handle any person who has been injured by means 
of unlawful violence, or under circumstances leading to the 
suspicion of foul play, or circumstances indicating an attempt 
at self-destruction, to make an examination of the wounds or 
other injuries of such person and to keep a complete perma- 
nent record thereof, which shall show the name of such person 
and the nature, extent and exact location of such injuries, or 
the nature and effects of any poison, and shall ascertain the 
names and addresses of all witnesses obtainable. Any police- 
man, or other peace officer in the city, who shall violate this 
section shall be fined not less than Fifty Dollars nor more than 
Two Hundred Dollars. (Id., Sec. 7.) 


218 Revised Code of Ordinances 


Sec. 586. All Records to Be Produced for Inspection Up- 
on the Order of Certain Officers; Penalty—dAll records of 
unidentified dead persons, persons meeting death by unlawful 
violence, or dying under circumstances leading to the suspicion 
of foul play or self-destruction, persons treated in any hos- 
pital, infirmary, sanitarium or other such institution, and per- 
sons injured by means of unlawful violence, kept by any per- 
son, firm or corporation engaged in the business of undertak- 
ing in the City of Houston, or kept by any person, firm or cor- | 
poration engaged in operating any hospital, infirmary, sani- 
tarium or other such institution, or by any physician therein, 
or by any policeman, or other peace officer in the City of 
Houston, shall at all times be produced for inspection upon 
the order of the Mayor or Chief of Police or the judge of any 
court in Harris County, or the Criminal District Attorney of 
Harris County; and any person, firm or corporation, or any 
member of any firm, or any officer or director of any corpo- 
ration, who shall fail or refuse to produce said records upon 
the order of any of the above officers, or who shall suffer or 
permit their agents, servants or employees so to do, and any 
such agent, servant or employee charged with keeping such 
records who shall fail to comply with the provisions of this 
section shall be deemed guilty of an offense and upon convic- 
tion thereof shall be fined in any sum not less than Twenty- 
five Dollars nor more than Two Hundred Dollars. (Id., Sec. 8.) 


of the City of Houston 219 


CHAPTER XXI. 
Labor. 


Sec. 587. What Constitutes a Day’s Labor—That eight 
(8) hours of actual service shall constitute a day’s work for 
all unskilled labor who may be employed by the City of Hous- 
ton, or who may be hereafter employed by contractors or sub- 
contractors doing city work under contract with said City of 
Houston. (May 7, 1910; Ord. Bk. 2, p. 558, Sec. 1.) 


Sec. 588. Ordinance to Be Condition of Contracts, Etc.— 
In all specifications and contracts for public work to be done 
by the City of Houston this chapter shall be made one of the 
conditions of same. And each contractor in submitting his 
bid and accepting the award of the contract shall be deemed 
to have done so with the distinct understanding that eight (8) 
hours of actual labor shall constitute a day’s work for all un- 
skilled labor employed by him. And no unskilled laborer shall 
be compelled, against his own wishes, to perform more than 
eight (8) hours of actual labor in any one day. Should any 
emergency arise at any time making it necessary to work more 
than eight (8) hours a day, such unskilled laborer shall be 
entitled to pay for said excess over and above eight (8) hours, 
as may be agreed upon between such laborer and his employ- 
er. (ld., Sec. 2.) 


Sec. 589. Penalty—Any head of a department or foreman 
of the City of Houston, or any contractor or sub-contractor 
doing work for the City of Houston under a contract with 
said city, who shall compel any unskilled laborer against his 
will to perform more than eight (8) hours of actual service 
for a day’s pay shall be guilty of an offense, and upon con- 
. viction thereof in the Corporation Court shall be fined in any 
sum not less than Twenty-five Dollars ($25.00) nor more 
than One Hundred Dollars ($100.00). (Id., Sec. 3.) 


220 Revised Code of Ordinances 


CHAPTER XXII. 


Legal Department. 


Sec. 590. City Attorney, How Appointed, Etc.—There 
shall be a City Attorney, who shall be appointed by the Mayor 
and confirmed by the City Council, and who shall serve not 
exceeding two years, unless reappointed, and be subject to 
removal at any time by the Mayor or City Council. (July 
25, 1905; Ord. Bk. 2, p. 224, Sec. 1.) 


Sec. 591. Duties of City Attorney—lIt shall be the duty 
of the City Attorney, personally or by deputy, to represent 
the city in all legal matters, unless otherwise provided by the 
City Council; to advise the Mayor and City Council, and the 
heads of departments, officers and employees of the city, when- 
ever called upon by them to do so, and to represent the city in 
the Corporation Court. (lId., Sec. 2.) 


Sec. 592. Salary—The City Attorney shall receive a salary 
of Four Thousand Dollars ($4000.00) per annum, payable in 
equal monthly installments, unless otherwise provided by the 
Mayor and City Council. (Id., Sec. 3.) 


Sec. 593. Assistants to City Attorney, Etc.—The City At- 
torney shall be allowed such assistants as in the opinion of the 
Mayor and City Council are necessary, who shall receive such 
compensation as may be fixed therefor; said assistants shall 
perform such duties and render such service as may be re- 
quired by the City Attorney, the Mayor, or City Council. (Id., 
Sec. 3.) 


of the City of Houston ridge | 


CHAPTER XXIII. 
Library. 


Sec. 594. City to Appropriate $4000 Annually—The City 
of Houston, in consideration of the premises as shown in reso- 
lution of record in ordinance books, agrees and undertakes to 
appropriate each year. at least Four Thousand Dollars from 
its revenues, for the maintenance and support of the Houston 
Lyceum and Carnegie Library Association, upon the condi- 
tions, however, hereinafter set forth. (Code 1904, Art. 893.) 


Sec. 595. Disposition of Moneys Received—The Houston 
Lyceum and Carnegie Library Association shall keep an ac- 
count of all moneys received by it from the city, and shall use 
such moneys only for the purpose of paying operating ex- 
penses of library conducted by said Association in the discre- 
tion of said Association. (lId., Art. 894.) 


Sec. 596. Hours to Be Kept Open—The said Houston 
Lyceum and Carnegie Library Association shall, after its li- 
brary building is completed, keep its said library open during 
each day and until at least ten o’clock each night, Sundays 
excepted, and from two o’clock p. m. until eight o’clock p. m. 
on Sundays. (Id., Art. 895.) 


Sec. 597. No Charge to Be Made for Use of Books—No 
charge shall be made for the use of any books, periodicals, 
pamphlets, instruments or apparatus in the library of or be- 
longing to said Association, except such as may be prescribed 
by the Board of Trustees as necessary for the protection and 
preservation of same from loss or mutilation. (Id., Art. 896.) 


Sec. 598. Books of Account to Be Kept by Board of 
Trustees—The Board of Trustees of the Houston Lyceum and 
Carnegie Library Association shall provide a set of books, 
in which shall be kept a careful and accurate account of all its 
receipts and expenditures, and also of all books, periodicals, 
manuscripts, furniture, furnishings, instruments, apparatus or 
other property purchased by or donated to it, and a full and 
accurate account and history of its acts and doings in the 
management and control of the Association; and all of said 
books and accounts shall be at all reasonable times open to 
the inspection of the Council of the City of Houston, or its 


222 Revised Code of Ordinances 


Library Committee, or any of its authorized representatives. 
(Id., Art. 897.) 


Sec. 599. Standing Committee in Council—Every two 
years there shall be appointed, in the same manner as other 
committees, three members of the City Council, to constitute a 
Library Committee, and the Council may fill any vacancy in 
said committee. It shall be the duty of said committee to visit 
the library of the Houston Lyceum and Carnegie Library Asso- 
ciation at least once each month, to inspect its books and 
accounts, and see that the provisions of this chapter are faith- 
fully executed, and to report to the City Council any failure 
on the part of said Association to properly care for and keep 
open said library, or any failure to provide suitable books 
therefor, or any misapplication or misappropriation of any of 
its funds. (Id., Art. 898.) 


of the City of Houston 220 


CHAPTER XXIV. 
Market House, Etc. 


Article 1.—Creation, Government, Etc. 
2.—Market Master. 
3.—Inspection Country Produce, Etc. 


ARTICLE 1. 
CREATION, GOVERNMENT, ETC. 


Sec. 600. Proper and Only Places—The Market House 
of the City of Houston, and such other places as may be estab- 
lished by the City Council, shall be the proper and only places 
for the sale of such articles or produce as is usually sold in 
a city market, and only such as shall hereinafter be defined. 
(Code 1904, Art. 459.) 


Sec. 601. Market Hours; Penalties for Violating—The 
market hours for the sale of bread, meat, vegetables and other 
marketables by those who rent stalls, stands or privileges in 
the Market House shall be from 4:00 o’clock a. m. until 9:00 
o’clock p. m., except on Sundays, when they shall not keep open 
for business later than the hour fixed by law. 

The market hours for the sale of articles of produce, etc., 
in, about or under the vegetable shed on Preston Avenue by 
those persons obtaining permits to use such places as herein- _ 
after provided, shall be from 4:00 o’clock a. m. until 9:30 
o’clock a. m. daily, except Saturdays and days next preceding 
legal holidays, upon which days the hours shall be from 4:00 
o’clock a. m. until 9:00 o’clock a. m., and from 2:00 o’clock 
p. m. until 9:00 o’clock p. m., and nothing shall be sold by said 
persons in, about, or under said vegetable shed, or on the afore- 
said market square, except within the hours herein provided. 

Any person violating any of the provisions of this section 
shall, upon conviction thereof in the Corporation Court, be 
fined not less than One Dollar ($1.00) nor more than Fifty 
Dollars ($50.00) for each and every offense; and it is hereby 
made the special duty of the Market Master to see that the 
provisions of this article are properly enforced. (Amendment 
May 1, 1911; Ord. Bk. 3, p. 29, Sec. 1; also amended Aug. 18, 
1918; Ord. Bk. 3, p. 412, Code 1904, Art. 460.) 


224 Revised Code of Ordinances 


Sec. 602. Preston Avenue, Etc., Additional Places for 
Sale Vegetables, Etc.—That Preston Avenue and Congress 
Avenue and Travis Street and the sidewalks abutting on the 
market square in the City of Houston, Harris County, Texas, 
be, and the same are hereby fixed and established as additional 
space for the sale of vegetables, etc., during and between the 
hours of 4:00 o’clock a. m. and 9:00 o’clock a.m. (Aug. 18, 
1918; Ord. Bk. 3, p. 412, Sec. 1.) 


~ Sec. 603. Market Master to Control; May Establish Rules, 

Subject to Approval—That the Market Master of the City 
of Houston and his assistants shall have charge and control of 
said streets and avenues and the sidewalks abutting on the 
market square hereby fixed and established as additional space 
for the sale of vegetables, produce, etc., and the Market Mas- 
ter may establish all such rules and regulations as may be 
necessary for the government and control of those occupying 
such space, and fixing the space to be occupied by each, sub- 
ject to the approval of the Mayor and City Aldermen. (lId., 
Sec. 2.) 


Sec. 604. Construction of Wagons; Power Market Master 
Refuse Privileges—That all wagons, carts and other vehicles 
sO occupying space on said streets abutting on said Market 
Square shall be constructed with movable tongues or shafts, 
or so that the tongue or shaft may be made to stand perpen- 
dicular, and the Market Master shall refuse any privileges 
hereunder to any person or vehicle that is not so constructed, 
or that unnecessarily impedes traffic. (Id., Sec. 3.) 


Sec. 605. Unlawful to Sell Between Certain Hours; Other 
Unlawful Acts—That it shall be unlawful for any person, 
firm or corporation to sell any such vegetables, produce, etc., 
in said streets so abutting on the Market Square during or be- 
tween any other hours than those named herein, or to place 
any wagon, cart, or other vehicle in any other place or posi- 
tion than that allotted to him by the Market Master, or to 
place any wagon, cart or other vehicle in any place or posi- 
tion on said street prior to 4:00 o’clock a. m., or to permit or 
allow the same to remain there after 9:00 o’clock a. m., or to 
feed any animal on said street while occupying the same, or 
to fail to remove from any wagon, cart or vehicle the tongue 
or shafts, or to leave the same perpendicularly if the same 
is not removable, or to drop or leave any refuse, decayed or 
remnants of vegetables or produce or other article displayed 


of the City of Houston | 225 


for sale on the streets or sidewalks so abutting on the Mar- 
ket Square after 9:00 o’clock a.m. (Id., Sec. 4.) 


Sec. 606. Penalty—Any person, firm or corporation or 
agent, employee or receiver thereof, violating any of the pro- 
visions of the next four preceding sections, shall, upon con- 
viction be fined in any sum not less than One Dollar ($1.00) 
nor more than Fifty Dollars ($50.00) for each and every of- 
fense, and it is hereby made the special duty of the Market 
Master to see that the provisions of this section are fully en- 
forced. (ld., Sec. 5.) 


Sec. 607. Market Hours for Cleaning Fish—It shall be 
unlawful to gut, clean or dress fish that are sold, kept or offered 
for sale in the City Market or elsewhere in the City of Hous- 
ton except between the hours of 3 a.m. and 10 a.m. Any 
person, firm or corporation engaged in the business of selling 
or offering for sale fish in the City Market or elsewhere in 
the City of Houston, any member of such firm and officer or 
director of such corporation who shall gut, clean or dress fish 
or who shall suffer, permit or order his or its agent, servant 
- or employees or any other person for his benefit so to do, and 
any agent, servant or employee or any other person who shall 
gut, clean or dress fish sold, kept or offered for sale in the 
City Market or elsewhere in the City of Houston, except be- 
tween the hours of 3 a. m. and 10 a. m., shall be guilty of an 
offense and, upon conviction, shall be punished as provided in 
Section 609. (Amendment Dec. 17, 1913, Ord. Bk. 3, p. 579, 
Sec. 1.) 


Sec. 608. Must Remove Refuse Matter—AIl persons who 
shall, within the hours above named, gut, clean or dress fish, 
shall be required to take up the refuse matter from said clean- 
ing, and carry the same outside the city limits by 10 o’clock 
a. m. of each day, except Saturday evenings, on which even- 
ings they shall have until 9 p. m. to so remove same. (Code 
1904, Art. 462.) 


Sec. 609. Penalty—Any one who shall violate any provi- 
sion of the two next preceding sections shall be fined not less 
than Five Dollars ($5.00) nor more than Twenty-five Dollars 
($25.00). (Id., 463.) 


Sec. 610. Unlawful to Sub-let or Sub-lease Stall or Stands 
or Privileges; Penalties—It shall be unlawful for any person 
or persons renting or leasing a stall or stand or privilege 
in the Market House, to sub-let or sub-lease the same without 


226 ' Revised Code of Ordinances 


the consent of the Market Master, or to in any manner specu- 
late in said stalls, stands and privileges by leasing or renting 
same and permit other persons to conduct business therein 
in the name of such lessee for the purpose of evading this 
article. Any person or persons violating any of the provisions 
of this section shall thereupon immediately forfeit his lease 
to the stall, stands or privilege, and the person to whom the 
stall, stands or privilege are so sub-let or sub-leased, shall ac- 
quire no right under the same, and the City of Houston shall 
have the right to take immediate possession of such stall, stand 
or privilege, so sub-let or sub-leased. (Id., Art. 465.) 


Sec. 611. Aisles and Passageways of Said Market to Be 
Kept Clear—It shall be the duty of the Market Master to see 
that the aisles and passageways in the market are kept clear 
of all boxes, barrels or other receptacles for fruit, vegetables 
or merchandise, and of all other impediments to free passage 
from one part of the market to another, and he shall see 
that all the wares of the lessees of stalls or stands are kept 
within the limits of such stall or stand; and should any such 
lessee of a stall or stand encumber the passageways of the 
market with his wares, he shall be deemed guilty of a misde- 
meanor, and on conviction thereof shall be fined in any sum 
not less than One Dollar ($1.00) nor more than Five Dollars 
($5.00). (Id., Art. 466.) — 


Sec. 612. What May Be Sold—Bread, notions and con- 
fections and all varieties of fresh meat, fish, fowl, game, eggs, 
country butter, vegetables, fruits, melons and other products 
of the farm, dairy, poultry yard, garden or orchard, may be 
sold in the market during market hours. (lId., Art. 467.) 


Sec. 613. Rates at Which Stalls, Stands and Privileges 
Shall Be Rented—tThe several stalls, stands and privileges 
in the Central Market House shall be rented and leased by the 
Market Master, subject to all rules and regulations now in 
force, or as may be prescribed from time to time by the Mayor 
or City Council, and all leases or rental contracts shall run 
from month to month, revocable at the pleasure of the Mayor 
or City Council, and at such price or rentals as may be fixed 
for the several stalls, stands or privileges by the Mayor or 
City Council. All moneys due for rentals, leases and privileges 
shall be payable in advance by day, week or month, and the fol- 
lowing rates shall be charged for the things hereinafter speci- 
fied until otherwise changed by the Mayor or City Council: 


of the City of Houston 227 


To sell produce, etc., in, under or about the vegetable shed, 
er on Preston Avenue, abutting the Market Square, per day, 
during the market hours, twenty-five cents; provided, such. 
license shall entitle the holder to sell on any street of the city 
during said hours, except within the prescribed limits, within 
six blocks of corner of Main Street and Preston Avenue. 

To sell produce, etc., in, under or about the vegetable -shed, 
or on Preston Avenue, abutting the Market Square, on Satur- 
day afternoon, or afternoons of days preceding legal holidays, 
during market hours, twenty-five cents per afternoon. 

For other outside privileges, the rate may be fixed by the 
Finance Committee of the City Council, to be collected by 
the Market Master, as are licenses due for other privileges; 
provided, that such privileges shall be granted for a period 
of time not longer than one month. (Amendment Aug. 14, 
PIO OFdmbK ea ezoo mec...) 


Sec. 614. Peddlers Prohibited from Certain Limits; Pen- 
alties—That all peddlers or venders of fruit and vegetables, 
carrying the same either on foot or in vehicles, are hereby pro- 
hibited from selling their produce on the streets or sidewalks 
within a distance of six blocks from the intersection of Main 
Street with Preston Avenue; this section, however, not to 
apply to parties having market privileges on Market Square. 
Any person violating the provisions of the foregoing sections 
shall, upon conviction, be fined in any sum not less than One 
Dollar ($1.00) nor more than Twenty-five Dollars ($25.00). 
(Code 1904, Art. 469.) 


Sec. 615. May Leave Meat in the Market—During the 
months of November, December, January, February and 
March, butchers and others may leave meat and produce in the 
Market from day to day. (lId., Art. 470.) 


Sec. 616. License Does Not Authorize Peddling—The 
Market license shall not be construed to authorize persons to 
peddle produce after market hours through the streets. (Id., 
Art, 472.) 


Sec. 617. License Must Be Paid—No person shall be per- 
mitted to sell wares or other marketable produce in any part 
of the city during market hours without first having paid 
Market license. (lId., Art. 472a.) 


Sec. 618. Appurtenances Shall Be Returned in Good 
Condition; Signs—A1l occupants of stalls or stands must re- 
turn same with fixtures thereto, in as good condition as when 


228 Revised Code of Ordinances 


received by them; and every occupant of a stall or stand shall 
have his or their name painted on a uniform tin or wooden 
sign, under the supervision of the Market Committee, and 
place same in a conspicuous place over the stall or stand oc- 
cupied by him or them, and a failure or neglect to do so for 
one week shall be deemed an offense and punished as herein- 
after provided. (ld., Art. 473.) 


Sec. 619. Stalls and Stands Must Be Cleansed; Loitering 
or Lounging In or About the Market House Forbidden—With 
in half an hour immediately after closing the Market, the oc- 
cupants of stalls or stands must scrape, wash and cleanse the 
same; and all persons are prohibited from sitting, standing or 
lying in or about the stalls or stands of the Market House, or 
from going or remaining in the Market in a state of intoxica- 
tion, or sitting, lounging in or about the market place. (lId., 


Art. 474.) 


Sec. 620. Articles Which Shall Not Be Offered for Sale— 
No person shall sell, offer or expose for sale, any unwholesome 
meat, or the flesh of any animal which was killed, wounded, 
overheated or run down by dogs or otherwise, at or before the 
time the same was slaughtered, or which died of disease, acci- 
dent, casualty or other means than the usual mode of slaughter- 
ing animals for food; nor shall any person sell or offer for sale 
in the markets any putrid, blown or unsound meat, fish, eggs, 
poultry, vegetables or fruit, or unwholesome or adulterated 
articles for either food or drink. Nor shall any person sell, 
offer or expose for sale the flesh of any dog, cat or other un- 
clean animal; nor the flesh of any calf, pig or lamb which was 
slaughtered under the age of two months. (Id., Art. 475.) 


Sec. 621. What Is Not Permitted—No person shall ride, 
drive or lead or place any horse, dog or other animal in or 
upon the market place, or foot ways pertaining thereto, or 
kill or slaughter any animal in the Market, or throw, leave or 
deposit any animal or vegetable offal, filth, meat, dead animal, 
fowl, fish or other noxious, stinking or putrid substance in the 
Market House, or in the market place, streets or sidewalks 
adjoining said Market or other market places. (Id., Art. 476.) 


Sec. 622. Selling Liquor and Peddling Forbidden—It shall 
be unlawful to sell or offer for sale in the Market building, any 
spirituous, vinous or malt liquors in any form whatever, and no 
peddler shall be allowed to traverse the Market offering any 
goods or commodity for sale. (l1d., Art. 477.) 


of the City of Houston 229 


4 


Sec. 623. No Structure Permitted; Exception—No struct- 
ure shall be made in or about the Market House except by 
permission of the City Council, and then only under the super- 
vision of the Chairman of the Market Committee. Any struct- 
ure made in violation of the provisions of this section shall 
be removed. (lId., Art. 478.) 


Sec. 624. Receptacles for Refuse Matter, Etc.—The Mar- 
ket Master shall furnish a sufficient number of water-tight 
barrels, boxes or tubs, to be paid for by him out of the revenues 
of the Market, after approval by the Market Committee, and 
all occupants of stalls or stands are strictly required to throw 
the offal, filth, washings and refuse matter from the same into 
the barrels, boxes or tubs so furnished, and no offal, filth, 
washings or refuse matter shall be thrown, left or placed on 
the Market floor, or in the streets or in the gutters surround- 
ing the Market House. (ld., Art. 479.) 


Sec. 625. City Carts to Remove Offal—aAll accumulation 
of offal, filth, washings and refuse matter shall be removed 
by the city carts, under the direction of the Market Master, im- 
mediately after market hours, and all vessels for the recep- 
tion of such refuse matter must be kept outside of the market 
building, on the side next to Milam Street. All occupants of 
fish stands shall remove offal, filth, washings and refuse matter 
from the Market House at their own expense. (lId., Art. 480.) 


Sec. 626. Unnecessary Articles Prohibited—Only such 
things as are actually needed to preserve, contain or protect 
the articles designed for sale shall be allowed to be kept within 
the Market House during market hours. 


Sec. 627. Additions or Improvements—All additions to, 
or improvements in, the stalls or stands in the Market, which 
may be permitted by the City Council, shall be at the expense 
of the occupant thereof. (l1d., Art. 482.) 


Sec. 628. Unlawful to Hitch Animals to Awnings—lIt 
shall be unlawful to hitch or tie any horse or other animal to 
the pillars or awnings of said Market House. (Id., Art. 483.) 


Sec. 629. Profanity, Quarreling or Boisterous Language 
Forbidden—It shall be unlawful for any person or persons to 
curse, or Swear, or quarrel, or use indecent or vulgar language, 
or violent or loud or boisterous conversation in or about the 
Market. (lId., Art. 484.) 


Pas 


230 Revised Code of Ordinances 


Sec. 630. Standing in Doorways or Blockading the En- 
trances Forbidden—It shall be unlawful for any person to 
stand or lounge in or about the doorways or entrances of the 
Market House, and any person so offending shall be punished 
as hereinafter provided. (Id., Art. 485.) . 


Sec. 631. Dress of Butchers and Assistants, Etc.—Butch- 
ers and their assistants shall appear in their stalls with 
clean white aprons, and renters of stalls or stands are pro- 
hibited from bringing or keeping any one in the Market under 
the age of ten years as an employee. (ld., Art. 486.) 


Sec. 632. Damaging or Defacing the Market House and 
Ornaments—lIt shall be unlawful for any person to injure or 
destroy, disfigure or deface the Market House or Market 
Square, or any portion thereof, or any improvement or orna- 
ment therein contained. (Id., Art. 487.) 


Sec. 633. Coffee Stand and Restaurants—The Market 
Master is authorized to lease not exceeding two stands or 
stalls for coffee and restaurant purposes, the same to be leased 
as other stalls and stands. (lId., Art. 490.) 


Sec. 634. Character of Goods, Etc., to Be _ Kept—Any 
person, firm or corporation renting any stall, stand or privi- 
lege in the Market House of the City of Houston shall be 
permitted to keep only such character of goods, wares, mer- 
chandise or articles at such stall, stand or privilege as may 
be designated and named by the Market Master and Market 
Committee of the City Council and Mayor, a majority of whom 
are authorized to act. (Amendment Feb. 27, 1905, Ord. Bk. 
2D. L6OOe Secreta) 


Sec. 635. Those Refusing to Comply, to Vacate; Pen- 
alty—Any person or any member of any firm, or any manager 
or other officer in any manner in control of or managing any 
corporation, who shall fail or refuse to comply with any rule 
or order made, adopted or promulgated by said Market Master 
and the Market Committee of the City Council and Mayor, 
as provided in Section 634, shall forfeit any and all right to 
such stall, stand or privilege, and shall immediately vacate 
the same, and in addition thereto shall, upon being convicted 
of having violated any such rule or order, be punished by a 
fine not less than Five Dollars ($5.00) nor more than Twenty- 
five Dollars ($25.00). (Id., Sec. 2.) 


Sec. 636. Market Master to Furnish Receipts and Keep 
Stub-book—The Market Master shall furnish to every per- 


of the City of Houston 231 


son renting a stall or stand or privilege for any part of a 
month, or for any time less than a month, a receipt in ink, 
stating the date, length of time for which such stall, stand 
or privilege is rented, and the amount paid therefor, and which 
shall be signed officially by the Market Master. Such receipt 
shall also be numbered by commencing the first receipt No. 1, 
and so on, and the stub shall be kept by the Market Master in 
‘a book so as to correspond with such receipt. (Code 1904, 
Art. 492.) 3 


Sec. 637. The Receipt to Be Posted; Duty of Officers— 
Such receipt when given by the Market Master shall be kept 
secure and publicly posted at the stall or stand or privilege so 
rented during all of the time covered by such receipt; and any 
person who shall occupy such stall, stand or privilege, or who 
shall offer to sell any goods, commodities or merchandise in 
such stall, stand or privilege, at any time without having a re- 
ceipt covering such time so posted, shall be guilty of an offense 
under this chapter and shall be punished accordingly. It is 
hereby made the special duty of the Market Master, Chief of 
Police and police force to see that such receipt is so posted, 
and no stall, stand or privilege used without the same. Said 
Market Master shall also furnish the Chief of Police a list of 
all persons renting stalls, stands or privileges by the month. 
(Id., Art. 493.) 


Sec. 638. Penalty—Any person found guilty of violating 
or evading any of the provisions of this chapter, for which 
a penalty is not provided, shall be fined a sum not exceeding 
One Hundred Dollars ($100.00) and not less than Five Dollars 
($5.00), and costs of prosecution. And it is specially enjoined 
on the Market Committee, the Chief of Police and Market 
Master and police officers to see that all the provisions of this 
chapter are strictly observed and enforced. (Id., Art. 494.) 


ARTICLE’ 2. 
MARKET MASTER. 


Sec. 639. Market Master and His Duties—There shall be 
appointed by the Mayor, subject to the confirmation of the 
City Council, a Market Master and Inspector of the Market 
House and markets, who shall hold office at the pleasure of 
the City Council, and whose duty it shall be to superintend 
the Market Square and building in all its departments; col- 
lect all rents and other market dues; see that the building and 
everything appertaining thereto is kept in good order at all 


232 Revised Code of Ordinances 


times, and that no slops or garbage of any kind is thrown 
about the building or Market Square. He shall act as inspector 
of the markets, and see that no unsound or unwholesome meats, 
vegetables, fruits, fish or other product are offered for sale in 
the markets, and shall verify weights and measures when 
called upon so to do. (Id., Art. 495.) 


Sec. 640. Shall Have Charge of and Care for the Build- 
ing—He shall have charge of, and it shall be his duty to care 
for the main hall; lecture room, towers and clock, and all water 
and gas pipes and fixtures in and about the building, and shall 
see that the gas is properly turned on and off at proper times 
throughout the entire building, and shall see to the safety 
of all such fires as are allowed in the same; and he, or some 
one employed by him, shall at all times during market hours 
be on duty at the Market House. (lId., Art. 496.) 


Sec. 641. Market to Be Cleaned—The Market Master 
shall see that the Market and sidewalks bordering on same 
and vegetable shed are swept daily and washed at least once 
per week. (ld., Art. 497.) 


Sec. 642. Shall Give Bond—He shall give a good and suf- 
ficient bond in the sum of Three Thousand Dollars ($3000.00) 
for the faithful performance of his duties, which bond shall 
be approved by the City Council. (lId., Art. 498.) 


Sec. 643. Suspension for Neglect, Etc.—For any malfeas- 
ance or misfeasance in office, inattention to business or neg- 
lect of any of his duties, he may be suspended by the Market 
Committee until action can be had by the Mayor, and he shall 
be at all times subject to the control of the Mayor and Market 
Committee, and the term of his office may be determined and 
terminated at any time by the Mayor or City Council.  (Id., 
Art. 499.) 


Sec. 644. Shall Have Police Power—He is hereby invest- 
ed with all the powers and authorities of policemen, for the 
preservation of good order at and about the Market. (Id., 
Art. 500.) | 


Sec. 645. Office Hours of Market Master; Shall Person- 
ally Attend—It is hereby made the duty of the Market Master 
to be in his office in the Market House during the hours from 
4 o’clock a. m. to 10 o’clock a. m. on all days except Saturdays 
and days preceding legal holidays, on which said days he shall 
be present in addition to the foregoing hours, from 1 o’clock 
pem.to 9 o’clock-piim. «(ld: 7Artes0ry 


of the City of Houston Zan 


Sec. 646. Unlawful to Pursue Other Occupation—It shall 
be deemed unlawful for the Market Master to pursue any 
other vocation, and he shall personally attend to the duties 
of his office, except in case of sickness or when excused by 
the Market Committee. Any violations of the provisions of 
this section shall ipso facto work a forfeiture of the office. 
(Id., Art. 502.) 


ARTICLE 3. 
INSPECTION OF COUNTRY PRODUCE. 


Sec. 647. Unlawful to Peddle Country Produce, Etc., Un- 
less Inspected—lIt shall be unlawful hereafter for any person, 
firm or corporation to peddle from door to door upon the 
streets of the City of Houston fruits, vegetables and other 
country produce unless same has been inspected by the Market 
Master of the City of Houston. (May 6, 1909, Ord. Bk. 2, 
p. 379, Sec. 1.) 


Sec. 648. Hours of Market Master for Inspection—lIt 
shall be the duty of the Market Master of the City of Houston 
to be and remain upon the Market Square from 6 a. m. to 
9 a. m. each day, Sunday excepted, there to inspect all fruits, 
vegetables and country produce to be offered for sale from door 
to door on the streets of the City of Houston. (Id.. Sec. 2.) 


Sec. 649. Inspection Certificate; Fee—That said Market 
Master shall issue from day to day an inspection certificate 
to the owner or driver of each wagon, stating that the said 
goods have been inspected and are wholesome for consumption 
as food for human beings and said Market Master shall collect 
a fee of twenty-five cents (25c) for each certificate issued. 
(Id., Sec. 3.) 


Sec. 650. Market Master to Inspect Stocks of Goods 
Peddled; Condemned When—That the said Market Master 
is hereby authorized and it shall be his duty to inspect stocks 
of goods being sold by peddlers from door to door at any time 
and all hours during the day, and to condemn and destroy all 
produce therein that is not wholesome as a food for human 
beings; provided, that no second charge shall be made after 
the first inspection made during the hours designated. (ld., 
Sec. 4.) 


Sec. 651. Rights of Holders of Certificates—That the 
peddlers whose stocks of goods have been inspected, as afore- 
said, and to whom inspection certificates have been granted, 
shall have the right and privilege to sell from door to door 


234 Revised Code of Ordinances 


in any and all of the streets of the City of Houston, such 
fruits, vegetables and produce as has been inspected, as afore- 
said. (Id., Sec. 5.) 


Sec. 652. Penalty—Any person, firm or corporation vio: 
lating any of the provisions of the next five preceding sections 
shall be guilty of a misdemeanor and, upon conviction thereof 
in the Corporation Court, shall be fined in any sum not less 
than Five Dollars ($5.00) nor greater than Fifty Dollars 
($50.00). (Id., Sec. 7.) 


Sec. 653. Vegetables, Etc., Must Be Husked—No person 
shall bring into the City of Houston, or have in his possession 
with intent to sell, any vegetables or fruit, except green peas 
or beans in pods and green corn in the inner husks, which 
have not been previously divested of all parts not commonly 
used for food, and no person shall have such parts in his pos- 
session, in any market place, nor in a cart or vehicle used for 
the sale of vegetables or other articles of food; provided, how- 
ever, that this section shall not be construed to apply to such 
parts of vegetables or fruits as are necessary for their preser- 
vation. (Code 1904, Art. 403.) 


Sec. 654. Penalty—Any person violating the foregoing 
section, upon conviction, shall be fined not less than Twenty- — 
five Dollars ($25.00) and not more than Two Hundred Dollars 
($200.00). (Id., Art. 423.) 


of the City of Houston 235 


CHAPTER XXV. 
Parks, Etc. © 


Sec. 655. Mayor to Employ Keeper and Gardener—There 
shall be employed by the Mayor, some person or persons as 
gardener and keeper of the park, who shall hold his or their 
position at the pleasure of the Mayor, and who shall receive a 
salary of not more than Seventy Dollars ($70.00) per month. 
- Such gardener shall have, under the Mayor and Committee on 
Parks, superintendence and control of the park property, and 
shall perform such duties and work therein as may be directed 
by the Mayor and Committee on Park Property, and shall see 
that such property and grounds are protected from depreda- 
tions or misuse; and should the Mayor employ workmen for 
said park, such gardener or keeper shall, under the Mayor and 
Park Committee, have superintendence and direction of such 
workmen. (Code 1904, Art. 914.) 


Sec. 656. Keeper to Live in Park—The keeper of the 
park, herein provided for, shall be required to live in the 
house on the property, which house he shall have free of rent. 
(Id., Art. 915.) 


Sec. 657. Appropriation of Receipts of Sam Houston 
Park—All moneys derived by the City of Houston from the 
sale of privileges in the Sam Houston Park of said city is 
hereby appropriated to the Houston Improvement League, to 
be applied by said Houston Improvement League to the free 
music fund, a fund to be used for the purpose of providing free 
concerts on certain days and nights during the summer months. 
(Id., Art. 916.) | 


Sec. 658. Funds, How Disbursed—That the proper of-- 
ficers of the City of Houston, under its Charter and ordinances, 
shall pay said moneys, as collected, over to the treasurer of 
said Houston Improvement League, upon the written order of 
its president, duly attested by its secretary, who shall execute 
a receipt therefor, showing the purpose for which the same 
is received. (Id., Art. 917.) 


Sec. 659. Rules and Offenses—lIt shall be unlawful for 
any person or. persons within the public park and commons 
-of this city to do any of the following acts, viz: 


236 Ses Revised Code of Ordinances 


To sell or offer for sale any goods or wares, or to play 
musical instruments, without permission from, or by contract 
with the Mayor and Park Committee. (Id., Art. 918.) 


Sec. 660. Penalty—Any person wilfully doing any of the 
acts forbidden in next preceding section shall, upon conviction, 
be punished by a fine of not exceeding Twenty Dollars ($20.00) 
nor less than One Dollar ($1.00) for each offense. (lId., Art. 
920.) 


Sec. 661. Unlawful to Bring Dogs Into; Penalty—That it 
shall be unlawful for any person to bring any dog or dogs 
into or upon any public park or public square within the City 
of Houston. Any person violating this section shall be fined 
in any sum not less than One Dollar ($1.00) nor more than 
Twenty-five Dollars ($25.00). (July 30, 1906, Ord. Bk. 2, 
p. 310, Sec. 1.) 3 


Sec. 662. Unlawful to Tether or Pasture Cow, Etc., in; 
Penalty—That any person who shall tether or pasture any 
cow, horse, mule or domestic animal, in or upon any park 
or public square within the City of Houston, shall be guilty 
of an offense, and upon conviction thereof shall be fined in 
any sum not less than One Dollar ($1.00) nor more than 
Twenty-five Dollars ($25.00) ; and provided, that each animal 
tethered or pastured therein in violation of this section shall be 
a separate offense. (Id., Sec. 2.) 


Sec. 663. Unlawful to Improperly Lounge, Loaf, Etc.; 
Penalty—That any person who shall improperly lounge or 
loaf, or be found sleeping within any park or public square 
within the City of Houston, shall be guilty of a misdemeanor, 
and upon conviction thereof shall be fined in any sum not less 
than One Dollar ($1.00) nor more than Twenty-five Dollars 
($25.00). (Id., Sec. 3.) 


Sec. 664. Provisions Next Three Preceding Sections Ap- 
plicable to Federal Square; Penalty—That the terms of the 
next three preceding sections are hereby made applicable to 
the Federal Square, known on the maps as Block No. Seventy- 
eight (78), South Side of Buffalo Bayou, and any person vio- 
lating any of the terms of the next three preceding sections 
within said square shall be deemed guilty of an offense, and 
shall, upon conviction thereof, be fined in any sum not less 
than One Dollar ($1.00) nor more than Twenty-five Dollars 
($25.00). (Id., Sec. 4.) 


of the City of Houston 237 


Sec. 665. Unlawful to Drive Except on Park Drives, 
Etce.—That it shall be unlawful for any person to drive or 
propel any vehicle, or drive any horse or any other animal in, 
over or through any park except along and upon park drives, 
parkways or park boulevard, or to drive or propel along or 
over any park drives, parkway or park boulevard, any heavily 
laden vehicle or any vehicle carrying merchandise, goods, ma- 
terial or rubbish, or any market wagon, milk wagon, dirt cart, 
“moving van, dray or truck. (Sept. 2, 1912, Ord. Bk. 3, p. 421, 
Sec. 1.) 


Sec. 666. Rate of Speed—That it shall be unlawful for 
any person to drive or propel over or along any park drive, 
parkway or park boulevard any vehicle, or to ride or drive any 
horse or other animal, or any bicycle, tricycle or autocycle at 
a greater rate of speed than eight (8) miles per hour along any 
tangent or any curve of less degree of curvature than twelve 
(12) degrees, or having a radius of more than four hundred 
and seventy-eight (478) feet, or at a greater rate of speed 
than six (6) miles per hour along any curve of a greater 
degree of curvature than twelve (12) degrees, or having a 
radius of less than four hundred and seventy-eight (478) feet. 
SCI eC) 


Sec. 667. Unlawful to Erect Structures, Etc.—That it 
shall be unlawful for any person to place or erect any struct- 
ures, sign, bulletin, board, post, pole or advertising device of 
any kind whatever in any park, or to attach any notice, bill, 
poster, sign, wire, rod or cord to any tree, shrub, fence, railing, 
post or structure within any park; provided that the Board of 
Park Commissioners may permit the erection of temporary 
decorations on occasions of public celebrations or holidays. 
(Id., Sec. 3.) 


Sec. 668. Unlawful to Remove, Etc., Any Structures, 
Etc.—That it shall be unlawful for any person to remove, 
destroy, mutilate or deface any structure, monument, statue, 
vase, fountain, wall, fence, railing, vehicle, bench, tree, shrub, 
fern, plant, flower, or other property in any park. 


Sec. 669. Unlawful to Walk, Etc., on Any Border, Etc.— 
That it shall be unlawful for any person to walk, stand or sit 
on any border, flower bed, monument, vase, fountain, railing 
or fence in any park. (lId., Sec. 5.) 


Sec. 670. Unlawful to Allow Dog, Etc., to Run At Large, 
Etc.—That it shall be unlawful for any person to allow or 


238 Revised Code of Ordinances 


permit any dog or other animal to run at large in any park, 
or enter any of the lakes, ponds, fountains or streams therein. 
(Id., Sec. 6.) 


Sec. 671. Unlawful to Shoot, Etc., Firearms, Etc.—That 
it shall be unlawful for any person to shoot, fire or explode 
any firearms, fireworks, firecrackers, torpedoes or explosives 
of any kind without a written permit from the Mayor or City 
Council, or to carry any firearms in any park. (Id., Sec. 7.) 


Sec. 672. Unlawful to Tease, Etc., Any Animal, Etc.— 
That it shall be unlawful for any person to in any manner 
tease, annoy, molest, catch, injure, kill, or throw any stone 
or missile of any kind at, or strike with any stick or weapon 
any animal, bird, fowl or fish in any park. (lId., Sec. 8.) 


Sec. 673. Unlawful to Be, Etc., a Solicitor, Etc.—That it 
shall be unlawful for any person to be or act as, or ply the 
vocation of a solicitor, agent, peddler, fakir, mendicant, beg- 
gar, strolling musician, organ grinder, exhorter, showman or 
bootblack in any park. (lId., Sec. 9.) 


Sec. 674. Unlawful to Hold Public Meeting, Etc., Ex- 
cept—That it shall be unlawful for any person to hold any 
public meeting or gathering or to make any public speech in 
any park except upon written permission from the City Coun- 
ceil. (Id., Sec. 10.) 


Sec. 675. Unlawful to Hitch Horse, Etc., to Any Tree, 
Etc., Except; or to Allow to Remain Unhitched, Etc.—That 
it shall be unlawful for any person to hitch any horse or other 
animal to any tree, shrub, fence, railing or other structure, 
except such as are provided for that purpose, or to allow any 
horse or other animal to remain unhitched beyond the reach 
of the driver or attendant, in any park. (Id., Sec. 11.) 


Sec. 676. Unlawful to Conduct Game of Chance—That 
it shall be unlawful for any person to conduct or carry on any 
game of chance in any park. (Id., Sec. 12.) 


Sec. 677. Unlawful to Carry On Boisterous, Etc., Lan- 
guage, Etc., or Lascivious Conduct—That it shall be unlawful 
for any person to conduct or carry on any boisterous or insult- 
ing language, or be guilty of any disorderly, lewd or lascivious 
conduct of any kind in any park. (Id., Sec. 13.) 


Sec. 678. Unlawful for Intoxicated Person to Enter or 
Remain In—That it shall be unlawful for any intoxicated 
person to enter or remain within any park. (Id., Sec. 14.) 


of the City of Houston 239 


Sec. 679. Unlawful to Ride Bicycle, Etc., Through Park 
. Except on Drives, Etc.—That it shall be unlawful for any 
person to ride any bicycle, tricycle or autocycle over or through 
any park, except along and upon the park drives. (Id., Sec. 15.) 


Sec. 680. Unlawful to Play Certain Games; Except— 
That it shall be unlawful for any person to play at any game 
of baseball, football, golf, cricket, lacrosse, polo, hockey, or 
other game of like character in any park, except at the place 
or places set apart and designated as grounds therefor. (Id., 
Sec. 16.) 


Sec. 681. Penalty—Any person who shall violate or fail 
to comply with any of the provisions of the next preceding 
sixteen sections shall be deemed guilty of a misdemeanor and 
upon conviction thereof shall be punished by a fine in any sum 
not exceeding One Hundred Dollars ($100.00), and each day 
- any person shall continue to violate or fail to comply with any 
of such provisions shall be deemed and considered a separate 
offense, and in addition to the penalty hereinabove provided 
for such violations, any failure, neglect or refusal to comply 
‘with any of the terms of the same shall be deemed a nuisance, 
and may be abated in the manner provided by the ordinances 
of the City of Houston for the abatement of nuisances. 


Sec. 682. Park Employees, Etc., Have Police Power— 
Compliance with the foregoing rules and regulations is a con- 
dition of the use of these premises, and the gardener, or any 
agent or agents, or any person charged with the keeping and 
care of any public park or commons, as also police officers, 
shall have authority to enforce provisions of this chapter by ex- 
pulsion from park grounds, or arrest. (Code 1904, Art. 919.) 


Sec. 683. Foregoing Rules Do Not Apply to Necessary 
Acts of Employees—This chapter shall not be construed as to 
apply to workmen in the legitimate discharge of their respec- 
tive duties. (Id., Art. 921.) 


Sec. 684. Tying Animals to or Injuring Shade Trees— 
Any person who ties or fastens any animal to any shade tree, 
or to the box around any tree planted or growing in any street 
or public place, or who cuts, breaks, disfigures or damages such 
tree, must be fined not less than One Dollar ($1.00) nor more 
than One Hundred Dollars ($100.00). (Code 1904, Art. 643.) 


Sec. 685. Court House Square; Pena!ty—That it is here- 
by declared unlawful for any person or persons to sleep in 
the enclosure of the Court House Square of Harris County, 


240 Revised Code of Ordinances 


Texas, situated in the City of Houston, or walk upon the grass 
in said square other than upon regular walks made and pro- 
vided by the Commissioners’ Court of said county. Any per- 
son who shall violate any provision of this section shall be 
deemed guilty of misdemeanor and, upon conviction, shall be 
fined in any sum not less than One Dollar ($1.00) and not 
exceeding Ten Dollars ($10.00). (Id., Art. 665.) 


Sec..686. Destroying or Injuring Trees and Shrubbery 
in Public Grounds—If any person or persons shall destroy, 
or in any way injure, any of the trees, shrubbery or other 
ornaments of the court house or market house, or any school 
house or church grounds, or shall wilfully open and leave open 
any of the gates of said enclosures whereby any trees, shrub- 
bery or other ornaments shall be destroyed or injured by 
stock or otherwise, he shall be fined not less than Five Dollars 
($5.00) nor more than One Hundred Dollars ($100.00). (Art., 
(T4) : 


of the City of Houston 241 


CHAPTER XXVI. 
Pawnbrokers, Second-Hand and Junk Dealers. 


Sec. 687. Mayor Shall Purchase Books for Use of—lIt 
shall be the duty of the Mayor to purchase a suitable number 
of books for the use of pawnbrokers and all second-hand deal- 
ers hereinafter specified, at a cost not to exceed two hundred 
dollars. It shall be the duty of such persons engaged in the 
business of pawnbroking, or as a pawnbroker or second-hand 
dealer, or who may hereafter engage in the business of pawn- 
broking or as a second-hand dealer in the City of Houston, to 
procure of the City Secretary and keep on hand one of said 
books, and make or cause to be made therein a record of the 
subjects prescribed, and keep and have said book at all times 
open to the inspection of the Chief of Police, and it shall be 
his duty to exhibit to the Chief of Police, or any officer desig- 
nated by him for that purpose, said book, or any other article 
or articles entered on said book, whenever demanded by said 
Chief of Police or said officer designated by him. (Code 1904, 
Ast. :922:) 


Sec. 688. Stock Shall Be Open for Examination—aA|l 
pawnbrokers and second-hand dealers shall be required at any 
and all times to allow the Chief of Police, or any officer desig- 
nated by him for that purpose, the privilege of examining all 
and whatever articles he may have in his store or place of 
business, to ascertain whether or not said articles are stolen 
property. (l1d., Art. 923.) 


Sec. 689. Books Shall Be Furnished Free of Charge— 
Such book or books herein provided for shall be well bound and 
properly ruled, and shall be marked “Pawnbrokers’ and Sec- 
ond-hand Dealers’ Book,’ and shall be furnished to any pawn- 
broker or second-hand dealer of said city free of charge by the 
City Secretary, on his application therefor, and said Secretary 
shall keep a record of all books so furnished. (ld., Art. 924.) 


Sec. 690. Shall Make Full Description of All Articles— 
Every person engaged in business as a pawnbroker or second- 
hand dealer shall make or cause to be made in such book so 
furnished a description as full as may be of any and all articles 
received by him in the course of his said business, and shall 
also affix a number to the same, and shall daily make entry of 
such number and description in said book, and also the name 


242 Revised Code of Ordinances 


and residence in full of any person or persons making a 
deposit or selling such article or articles; and in no case shall 
the name be omitted; and the entry shall also be made in said 
book of the amount of loan or purchase paid upon the article 
or articles numbered, or to be numbered, as aforesaid. (ld., 
Art. 925.) 


Sec. 691. Penalty—Should any pawnbroker or second- 
hand dealer, or any person engaged in business as such within 
the corporate limits of the City of Houston, or who may here- 
after engage in such business in said city, fail, neglect or 
refuse to comply with the provisions hereof, or any of them, 
such person shall be fined in a sum not less than Twenty- 
five Dollars ($25.00) nor more than One Hundred Dollars 
($100.00), and each day that such person shall so fail, neglect 
or refuse to comply with the provisions hereof shall be deemed 
a separate offense in violation of this chapter, and punishable 
as such. (lId., Art. 926.) 


Sec. 692. Unlawful to Purchase, Etc., From Minors—It 
shall be unlawful for pawnbrokers and second-hand dealers to 
purchase or take in pawn or accept as a pledge any article of 
value from a minor. (Amendment Oct. 11, 1909, Ord. Bk. 2, 
p. 536, Sec. 1.) 


Sec. 693. Written Consent of Parent or Guardian, a De- 
fense—It shall be a defense to the offense prohibited by the 
next preceding section if, when said purchase is made, or said 
pawn or pledge taken, the person making said purchase, or 
taking said pledge or pawn, then and there first has the 
written consent of the parent or guardian of such minor, or of 
some person standing in the place or stead of parent or guard- 
ian of said minor. (lId.) 


Sec. 694. Penalty—Any person violating the provisions of 
Section 692 shall, on conviction, be fined for the first offense 
not less than Ten Dollars ($10.00) nor more than Fifty Dollars 
($50.00), and for the second offense the fine shall not be less 
than Fifty Dollars ($50.00) nor more than Two Hundred 
Dollars ($200.00). (Id.) 


Sec. 695. Duty of Junk Dealers—lIt shall be the duty of 
every person, whether he be acting for himself or as the agent 
or employee of some other person, firm or corporation, who 
shall buy or otherwise obtain from another person or persons 
any junk, to inquire and obtain from his or their vender or 
venders the name, sex, nationality and place of residence of 


of the City of Houston 243 


the person or persons from whom the person or persons offer- 
ing said junk for sale, obtained the same, together with the 
name, nationality and residence of the person or persons sell- 
ing the same. (Code 1904, Art. 929.) 


Sec. 696. Must Provide a Book Showing Purchase—It 
shall be the duty of every person, firm or corporation who may 
deal in junk, either as a business or as a mere occasional pur- 
chaser of the same, to provide a well-bound book at his place 
of business, in which shall be entered the information obtained 
under the requirements of the foregoing section, together 
with a full and complete description of all junk so bought or 
otherwise obtained for or by said person, firm or corporation, 
either by lot or separate article, as may be most practical and 
convenient. (lId., Art. 930.) 


Sec. 697. Unlawful to Act as Agent—lIt shall be unlawful 
for any person to act as the agent or employee in obtaining 
junk for any other person, firm or corporation who does not 
keep a book as required by this chapter. (Id., Art. 931.) 


Sec. 698. Book Open for Inspection—Said book required 
by Section 696 shall be subject to the inspection, during rea- 
sonable business hours, of the officers of the City of Houston, 
and other officers of Harris County, in said State of Texas. 
(Id:, Art: 932.) 


Sec. 699. Book to Show Description of Junk—It shall be 
the duty of every person buying or otherwise obtaining such 
junk, whether acting for himself or as the agent or employee 
of some other person, firm or corporation, to immediately and 
in person enter or cause to be entered in said book the infor- 
mation and description of said junk elsewhere provided for or 
required by this chapter. (l1d., Art. 933.) 


Sec. 700. Shall Show Price Paid for Junk—lIt shall be the 
duty of such person to enter or cause to be entered in said 
book the price paid for each lot or purchase of junk. (Id., 
Art. 933.) 


Sec. 701. Shall Keep Same Separate for Two Days—It 
shall be the duty of the person, firm or corporation for whom 
any such junk is bought or otherwise obtained to safely keep 
each lot or purchase separate and apart from other articles, 
so that the same can be fully identified, for two full days after 
the day same is purchased or obtained, and the same shall, 
upon demand of any officer of the City of Houston, be shown to 
him by the person in charge of same. (Id., Art. 935.) 


244 Revised Code of Ordinances 


Sec. 702. Book Shall Show Name of Purchaser—The per- 
son selling said junk shall also enter in the book herein pro- 
vided for, the name and residence of the purchaser. (ld., 
Art. 936.) a ¥ 


Sec. 703. Junk Defined to Include Garden Hose, Etc.— 
The word junk, when used in this chapter, shall, in addition 
to its general meaning, be held to include and mean garden 
hose and lawn sprinklers. (lId., Art. 937.) 


Sec. 704. Scrap Iron Not Included—Articles consisting 
wholly of scrap iron are excluded from the requirements of 
this chapter. (ld., Art. 938.) 


Sec. 705. Penalty—Any person, firm or corporation, or 
the manager of any corporation, who shall violate any of the 
provisions of this chapter, where other provision for penalty 
is not made, shall be deemed guilty of a misdemeanor and, 
upon conviction, be fined in any sum not less than Five Dollars 
($5.00) nor more than One Hundred Dollars ($100.00). (Id., 
Art. 98.) 


of the City of Houston 245 


CHAPTER XXVII. 


Police Department. 


Article 1.—Creation, Officers, Etc. 
2.—General Provisions Concerning. 
3.—Private Watchmen, Etc. 


ARTICLE 1. 
CREATION, OFFICERS, ETC. 


Sec. 706. Creation of; General Duties; Officers, Etc.— 
That there is created a Police Department, the officers and 
employees of which are charged with the duties of preserving 
the public peace, detecting and preventing crime, arresting 
offenders, protecting the rights of persons and property, pre- 
serving order at elections, public meetings and public places, 
preventing and removing, if possible, nuisances on and in all 
streets, highways, alleys, waters and other places, the enforce- 
ment of the penal code of the State of Texas, and the Penal 
Ordinances of the City of Houston, and of performing and dis- 
charging such other duties as are now or may hereafter be 
imposed upon them by the laws of the State of Texas, or by 
the ordinances of the City of Houston, or by the Mayor, or by 
the City Council. (Mar. 23, 1914, Ord. Bk. 4, p. —, Sec. 1.) 


Sec. 707. Composition and Creation of Officers of —That 
the Police Department shall consist of Superintendent of Po- 
lice, Deputy Superintendent of Police, Captain of Police, Chief 
of Detectives, Captain of Detectives, Captain of Humane Of- 
ficers, Captain of Traffic Division, Clerk of the Corporation 
Court performing all the duties of Police Clerk, Secretary, Ber- 
tillon Operator and Custodian of Lost and Stolen Property, 
warrant officers, sergeants, turnkeys, corporals or roundsmen, 
motorcycle officers, detectives, humane officers, traffic officers, 
mounted and otherwise, mounted police officers, patrolmen, 
watchmen, juvenile officers, chauffeurs, building superintend- 
ent; and the offices above mentioned are hereby created, and 
as many persons shall be appointed to such offices by the 
Mayor and City Council from time to time, as in their judg- 
ment are necessary for the proper conduct and operation of the 
Police Department. (ld., Sec. 2.) | 


23 


246 Revised Code of Ordinances 


] 


Sec. 708. ‘Oath of Office to Be Taken; Superintendent of 
Police, Etc.—That each officer of the Police Department shall 
take the constitutional oath of office before entering upon the 
discharge of the duties of his office. The terms “Superintend- 
ent of Police” and “Chief of Police” in all ordinances shall be 
considered synonymous. (lId., Sec. 3.) 


Sec. 709. Under Control Mayor and Superintendent— 
That the Police Department and the officers and employees 
shall be under the charge, control and direction of the Mayor 
and Superintendent of Police, and the Superintendent of Police 
shall at all times be responsible for the conduct of the Police 
Department and shall devote all his time and energy tothe 
discharge of the duties of his office. (Id., Sec. 4.) 


Sec. 710. Superintendent of Police; Appointment; Bond 
—That the Superintendent of Police shall be appointed by the 
Mayor and confirmed by the City Council, and shall hold his of- 
fice subject to removal as provided by the Charter. Before 
entering upon the discharge of the duties of his office, he shall 
execute and deliver to the City of Houston, and thereafter 
whenever required so to do by the Mayor, a bond in the sum of 
Five Thousand Dollars ($5000.00), payable to said City of 
Houston, with at least three (8) good and sufficient sureties, 
or a surety company authorized to do business in Texas, to be 
approved by the Mayor, conditioned for the payment of all 
fines and costs assessed in the Corporation Court for which he 
is not entitled to credits as provided for in and by the ordi- 
nances of the City of Houston; for the payment of all pound 
and license fees, and other moneys received, collected or han- 
dled, by the Police Department or any member thereof, for or 
on behalf of or for the benefit of, or belonging to the City of 
Houston, and for the faithful discharge and performance of- 
the duties of his office, as now or hereafter fixed; and such 
other duties as may be imposed upon him by the Mayor or by 
the City Council, or by the ordinances of the City of Houston. 
That such bond shall provide that the conditions are to be per- 
formed in Houston, Harris County, Texas, and that suit may 
be prosecuted thereon in Harris County, Texas, and that in 
case of a recovery thereon, that the obligors will pay the ex- 
pense incurred by or imposed upon the City of Houston, in or 
about the collection thereof; including a reasonable attorney’s 
fee, and that said bond shall not become void until the whole 
amount thereof has been exhausted. (Id., Sec. 5.) 


Sec. 711. Superintendent of Police; Powers and Author- 
ity—That the Superintendent of Police, under the direction 


of the City of Houston 247 


and control of the Mayor, shall be the executive head of the Po- 
lice Department and as such shall have the direct management, 
control and direction of the Police Department, and shall be the 
commanding officer thereof. He shall have immediate control 
and custody of stations, property, equipment, apparatus and 
books and records belonging to the Police Department, and 
shall be charged with the safe keeping thereof. 

He may from time'to time make, establish and promulgate, 
with the approval of the Mayor and City Council and the 
Civil Service Commission, such rules and regulations for the 
organization, government, discipline, regulation and operation 
of the Police Department and the members thereof, not incon- 
sistent with the ordinances, as may be deemed advisable; pro- 
vided, that no rules or regulations shall ever be passed relating 
to the efficiency of officers or employees of the Police Depart- 
ment without the approval of the Civil Service Commission. 

He may, with the approval of the Mayor, suspend any offi- 
cer or employee of the Police Department for insubordination, 
or inattention to or neglect. of duty, or violation of the laws 
or ordinances or the rules and regulations of the department 
or of the Civil Service Commission; and during the time of 
such suspension, unless such officer or employee be reinstated 
without prejudice, he shall not be entitled to the pro rata 
portion of his salary. (ld., Sec. 6.) 


Sec. 712. Superintendent of Police; Duties—That it shall 
be the duty of the Superintendent of Police to enforce all the 
laws of the State of Texas and the ordinances of the City of 
Houston and the orders of the Mayor and City Council. (ld., 
Sec. 7.) 


Sec. 713. Officers and Employees; Appointment, Etc.— 
That all the officers and employees of the Police Department 
shall be appointed by the Mayor in accordance with the rules 
and regulations of the Civil Service Commission, and such of- 
ficers and employees shall devote their entire time and energies 
to the discharge and performance of their duties; provided, 
no person shall be appointed who is not a citizen of the 
United States, and who has not been a resident of the State 
and city during a term of one year next prior to his appoint- 
ment, or who has not complied in every particular with the 
requirements of the Civil Service Commission as to good char- 
acter, temperate habits, sound health and physical ability to 
perform the duties of the position to which he is to be appoint- 
ed. (Id., Sec. 8.) } 


248 Revised Code of Ordinances 


a — 


Sec. 714. Deputy Superintendent of Police; Duties—That 
the Deputy Superintendent of Police, during the absence or 
inability of the Superintendent of Police or during a vacancy 
in the office of Superintendent of Police or while on duty at 
‘night, shall perform and discharge the duties and possess the 
power and authority of the Superintendent of Police, bearing 
in mind that the Superintendent of Police is the head of the 
department and his superior officer, and that he should not 
unnecessarily interfere with his policies or orders. He shall, 
when the Superintendent of Police is in the city, be on duty at 
the Police Station at night, and have charge and control of 
the night force. That he is at all times charged with the per- 
formance of the duties of a police officer, and subject to the 
direction and control of the Superintendent of Police, Mayor 
and City Council. (ld., Sec. 9.) 


Sec. 715. Secretary; Duties—That the Secretary shall 
keep and preserve all books and papers belonging to the De- 
partment, except such books and records as are kept by the 
desk sergeants, the turnkeys, the police clerk and the detec- 
tives. He shall supervise the keeping of all the city books and 
records of the Police Department and see that they are uni- 
formly and properly kept. He shall keep individual records 
of arrests for the Superintendent of Police, showing the dis- 
posal of all cases, etc. He shall keep a force book wherein 
shall be entered the name of each member of the Police Depart- 
ment, time and place where born, former occupation, number 
of his family, time of appointment and severance of his con- 
nection with the Department, stating the cause. He shall also 
keep a record of all charges against members of the force. He 
shall keep a record of all private watchmen, special officers 
doing duty for private concerns and individuals, and all police 
holding commissions as police officers not in the actual service 
of the Police Department. He shall be the custodian of all 
police badges and the deposits made therefor. He shall per- 
form the duties of Secretary to the Superintendent of Police 
and such other duties as may be imposed upon him by the or- 
dinances or by the rules and regulations of the Police Depart- 
ment or by the Mayor or by the City Council. (Id., Sec. 10.) 


Sec. 716. Bertillon Operator; Duties; Custodian Lost and 
Stolen Property, Etc.; Bond; Duties—That it shall be the duty 
of the Bertillon Operator to keep up the identification records 
of his department in first class shape, to photograph and take 
measurements and finger print impressions of such suspects as 
may be apprehended from time to time and which in the judg- 


of the City of Houston 249 


ment of the Superintendent of Police shall be made, and to 
properly classify such records in accordance with the rules of 
the Bertillon system. 


He shall also be the custodian of lost and stolen property, 
money and weapons taken from persons charged with the com- 
mission of crime and all property and money seized or taken 
possession of by the police; that before entering upon the dis- 
charge of the duties of his office, he shall execute and deliver 
to the City of Houston and thereafter whenever required so to 
do by the Mayor, a bond in the sum of One Thousand Dollars, 
payable to the said City of Houston with at least three (3) 
good and sufficient sureties or a surety company authorized | 
to do business in Texas, to be approved by the Mayor, condi- 
tioned that he will faithfully keep all money and property com- 
ing into his custody and shall account for the disposition of, 
and account for the proceeds of any sales thereof, and shall 
pay over as hereafter provided or deliver to the owners there- 
of all such property, money or the proceeds thereof, except as 
hereafter provided, as required by the ordinances; for the 
faithful performance and discharge of all the duties of his of- 
fice as required by the ordinances or by the rules and regula-~ 
tions of the Police Department; that such bond shall provide 
that the conditions are to be performed in Houston, Harris 
County, Texas, and that suit may be prosecuted thereon in 
Harris County, Texas, and in case of recovery thereon, the 
obligors will pay the expense incurred by or imposed upon the 
City of Houston in or about the collection thereof, including a 
reasonable attorney’s fee, and that said bond shall not become 
void until the whole amount has been exhausted, and that in 
the event that the Superintendent of Police suffers a recovery 
on his official bond, or is required to pay out any money there- 
on by reason of the act of such Bertillon Operator, that then 
he shall be entitled to maintain a suit and recover judgment 
on said bond. : 


It shall be the duty of such custodian of lost and stolen prop- 
erty to keep a record of all property which may be seized or 
otherwise taken possession of by the Police Department and 
if same shall not be claimed by the rightful owner and pos- 
session surrendered to such owner within sixty (60) days from 
the date of such seizure or taking possession, he shall give no- 
tice by publishing or causing to be published in some daily 
newspaper in the City of Houston a description of such prop- 
erty, together with the date of such seizure or the taking pos- 
session of, and that if not claimed by the rightful owner within 


250 Revised Code of Ordinances 


ten (10) days from the date of such publication, that such 
property will be sold at auction at police headquarters between 
the hours of 10 o’clock a. m. and 4 o’clock p. m.; in addition to 
this notice he shall also cause to be posted in at least three (3) 
public places in the city copies of the notice published in the 
newspaper; upon the date set for the sale, if no claim for the 
property has been made by the rightful owner the Bertillon 
Operator shall proceed to sell such property at public auction, 
the proceeds of any such sale or sales, after deducting the cost 
of storage, advertising, selling and other expenses incident 
to the handling of such property, shall be remitted by him to 
the Assessor and Collector of Taxes, together with an item- 
ized statement giving a description of the property sold, the 
amount received therefor and the itemized expenses; said pro- 
ceeds to be deposited with the City Treasurer to the credit of 
the City of Houston. 


That should such property so seized or taken possession of 
be of a perishable or dangerous nature, the Superintendent of 
Police may cause such property to be advertised forthwith and 
sell the same after three days shall have elapsed from the seiz- 
ure or taking possession thereof, and an account shall be ren- 
dered as hereinbefore provided; provided, that the provision 
for sale shall not apply to pistols, revolvers, bowie knives, 
dirks, slung shots, metallic knucks or knuckles or other deadly 
weapons of like character, but all such weapons, within six 
(6) months after their receipt, if not claimed, shall be de- 
stroyed so as to be incapable of further use. (lId., Sec. 11.) 


Sec. 717. Warrant Officers; Duties, Ex-officio Deputy 
Clerks of Corporation Court—That the warrant officers shall 
execute all warrants, writs, processes or Summons issued from 
the Corporation Court and shall assist the clerk of the Corpo- 
ration Court whenever called upon so to do in the performance 
of his duties and shall be ex-officio deputy of such clerk of the 
Corporation Court. (Id., Sec. 12.). 


Sec. 718. Officers; Duties—That each and all of the other 
officers of the Police Department shall perform and discharge 
all such duties as devolve upon peace officers and such duties 
as are now or may hereafter be imposed upon them by the or- 
dinances of the City of Houston, by the rules and regulations 
for the organization, government, regulation and operation of 
the Police Department adopted in accordance with the pro- 
visions therefor in Section 711 by the Superintendent of Po- 
lice or other superior officer in command, or by the Mayor or 
by the City Council.. (Id., Sec. 13.) 


of the City of Houston PASSE 


Sec. 719. Officers; Duties With Reference to Property 
Seized, Etc.—That it shall be the duty of all officers and mem- 
bers of the Police Department into whose possession any prop- 
erty seized or taken shall come, to deliver the same at once to 
the custodian of lost and stolen property, unless it shall be 
wanted for immediate use as evidence in any case, and in that 
event a list and inventory of the same shall be forwarded at 
once to the said custodian of lost and stolen property, who shall 
see that such property is returned to his custody after same 
has been used as evidence in any case. (Id., Sec. 14.) 


Sec. 720. Officers; Uniforms, Etc.—That all officers of the 
Police Department shall wear an appropriate uniform, the 
character of which for the various officers and members shall 
be fully provided for by the rules and regulations. That the 
city shall provide, at its cost, two uniforms per annum for such 
officers and members and all additional uniforms required 
shall be provided by each officer and member at his expense. 
(Id., Sec. 15.) 


Sec. 721. Mayor Authorized to Appoint Special Police— 
The Mayor is hereby authorized and émpowered to appoint any 
number of special police officers at any time of riot, or on 
any special occasion he may deem advisable, and to discharge 
the same at will; said appointees to be taken from the eligible 
list of appointment in the classified service of the Police De- 
partment until such list is exhausted, and to be paid by the 
city when in the discharge of their duties for the city at the 
maximum salary rates fixed for such patrolman or such police 
duties. (Id., Sec. 16.) 


Sec. 722. Clerk of Corporation Court as Police Clerk; 
May Be Required to Give Bond—That the Mayor and Super- 
intendent of Police may require the clerk of the Corporation 
Court, as police clerk, and any other officer or employee of the 
Police Department, collecting, receiving or handling money 
belonging to the City of Houston or for or on its behalf, to 
execute and deliver to the City of Houston a bond in such 
amount as they may deem sufficient with three (3) good and 
sufficient sureties or a surety company authorized to do busi- 
ness in Texas, payable to the City of Houston, to be approved 
by the Mayor, conditioned that he shall faithfuly perform and 
discharge all the duties now or which may hereafter be re- 
quired of him by the ordinances of the City of Houston, or by 
the Superintendent of Police, or by the Mayor or by the City 
Council, and that he shall pay over and properly account for 


ab2 Revised Code of Ordinances 


all moneys received or collected by him for, or in behalf of, or 
belonging to the City of Houston and containing the further 
provision that in case there shall be a recovery against the 
Superintendent of Police on his official bond, or he shall be 
required to pay out any moneys by reason of any act of such 
officer or employee, then the Superintendent of Police may. 
maintain and prosecute a suit and be entitled to recover judg- 
ment upon said bond for said amounts so recovered from or 
paid out by him. The said bond shall provide that all the con- 
ditions are to be performed in Harris County, Texas, and that 
suit thereon may be prosecuted and maintained in’ Harris 
County, Texas, and that in case of a recovery thereon, the 
obligors agree to pay the expense incurred by or imposed upon 
the City of Houston or the Superintendent of Police, in or 
about the collection thereof, including a reasonable attorney’s 
fee, and that said bond shall not become void until the whole 
amount thereof shall be exhausted. (Id., Sec. 17.) 


Sec. 723. Officers; Bonds—That each and all of the offi- 
cers and members of the Police Department, where other pro- 
vision is not made by this article, shall execute and deliver 
to the City of Houston, before entering upon the discharge of 
the duty of his office and thereafter whenever required so to 
do by the Mayor, a bond in the sum of One Thousand Dollars 
($1000.00), payable to the City of Houston, with at least three 
(3) good and sufficient sureties or a surety company author- 
ized to do business in Texas, to be -approved by the Mayor, con- 
ditioned for the faithful performance and discharge of all the 
duties of his office, as now or may hereafter be provided by 
the laws of the State of Texas, or by the ordinances of the City 
of Houston, or by the rules and regulations for the organiza- 
tion, government, regulation and operation of the Police De- 
partment, by the Superintendent of Police or superior officer 
in command, or by the Mayor or by the City Council; that such 
bond shall provide that the conditions shall be performed in 
Houston, Harris County, Texas, and that suit may be prose- 
cuted thereon in Harris County, Texas, and that in case of 
recovery thereon, the obligors will pay the expense incurred 
by or imposed upon the City of Houston in or about the col- 
lection thereof, including a reasonable attorney’s fee, and that 
said bond shall not become void until the whole amount thereof 
has been exhausted. (Id., Sec. 18.) 


Sec. 724. Officers, Salaries; Graduation of Salaries of 
New—That the monthly salaries of each of the officers and 
employees of the Police Department, now in the service of the 


of the City of Houston 25a 


City of Houston, shall be as the same are now or may hereafter 
be fixed by the Mayor and City Council. 


That the monthly salaries of all police officers or employees 
hereafter appointed to positions in the Police Department ac- 
cording to the rules and regulations of the Civil Service Com- 
mission shall be graduated and shall be paid at the following 
rates and upon the following conditions: 


Offices Paying $80.00 Per Month—For the first six (6) 
months’ service $65.00 per month, at the end of which time he 
shall be examined, and if he show a good report for obedience 
and efficiency and stands the examination prescribed by the 
Civil Service Commission, he shall be advanced to the next 
highest group and paid for the next six (6) months the sum 
of $70.00 per month; at the end of the second six (6) months’ 
period, if he show a good report for obedience and efficiency 
and stands the examination prescribed by the Civil Service 
Commission, he shall be advanced to the next highest group 
and paid for the next or third six (6) months the sum of 
$75.00 per month; at the end of the third six months’ period, if 
he show a good report for obedience and efficiency and stands 
the examination prescribed by the Commission, he shall be ad- 
vanced to the maximum group and paid the sum of $80.00 
per month. 


Offices Paying $85.00 Per Month—For the first twelve (12) 
months’ service $75.00 per month, at the end of which time he 
shall be examined, and if he show a good report for obedience 
and efficiency and stands the examination prescribed by the 
Civil Service Commission, he shall be advanced to the next 
highest group and paid for the next six (6) months the sum 
of $80.00 per month; at the end of this period, if he show a 
good report for obedience and efficiency and stands the exam- 
ination prescribed by the Commission, he shall be advanced to 
the maximum group and paid $85.00 per month. 


Offices Paying $90.00 Per Month—For the first twelve (12) 
months’ service $80.00 per month, at the end of which time he 
shall be examined, and if he show a.good report for obedience 
and efficiency and stands the examination prescribed by the 
Civil Service Commission, he shall be advanced to the next 
highest group and paid for the next six (6) months the sum 
of $85.00 per month; at the end of this period, if he show a 
good report for obedience and efficiency and stands the exam- 
ination prescribed by the Commission, he shall be advanced’ 
to the maximum group and paid $90.00 per month. 


254 Revised Code of Ordinances 


Offices Paying $95.00 Per Month—For the first twelve (12) 
months’ service $85.00 per month, at the end of which.time 
he shall be examined, and if he show a good report for obedi- 
ence and efficiency and stands the examination prescribed by 
the Civil Service Commission, he shall be advanced to the next 
highest group and ‘paid for the next six (6) months the sum 
of $90.00 per month; at the end of this period, if he show a 
good report for obedience and efficiency and stands the exam- 
ination prescribed by the Commission, he shall be advanced 
to the maximum group and paid $95.00 per month. 


Offices Paying $100.00. Per Month—For the first twelve 
(12) months’ service $90.00 per month, at the end of which 
time he shall be examined, and if he show a good report for 
obedience and efficiency and stands the examination prescribed 
by the Civil Service Commission, he shall be advanced to the 
next highest group and paid for the next six (6) months the 
sum of $95.00 per month; at the end of this period, if he show 
a good report for obedience and efficiency and stands the ex- 
amination prescribed by the Commission, he shall be advanced 
to the maximum group and be paid $100.00 per month. 


Offices Paying $105.00 Per Month—For the first eighteen 
(18) months’ service $100.00 per month, at the end of which 
time he shall be examined, and if he show a good report for 
obedience and efficiency and stands the examination prescribed 
by the Civil Service Commission, he shall be advanced to the 
~ maximum group and paid $105.00 per month. 

Offices Paying $115.00 Per Month—For the first eighteen 
(18) months’ service $105.00 per month, at the end of which 
time he shall be examined, and if he show a good report for 
obedience and efficiency and stands the examination prescribed 
by the Civil Service Commission, he shall be advanced to the 
maximum group and paid $115.00 per month. 


Offices Paying $125.00 Per Month—For the first eighteen 
(18) months’ service $115.00 per month, at the end of which 
time he shall be examined, and if he show a good report for 
obedience and efficiency and stands the examination prescribed 
by the Civil Service Commission, he shall be advanced to the 
maximum group and paid $125.00 per month. 


If any officer shall fail to pass the examination prescribed 
by the Civil Service Commission he shall not be promoted but 
may, with the approval of the Commission and the head of the 
Department, be retained in the service and be given another 
‘trial for promotion at the end of the period stipulated in that 
respective grade, but he must serve such period after his fail- 


of the City of Houston 259 


ure to pass before he will become eligible for promotion again. 
(Id., Sec. 19.) 


ARTICLE 2. 
GENERAL PROVISIONS CONCERNING. 


Sec. 725. Police to Report New Occupations or Busi- 
ness—It shall be the duty of all police officers having regular 
beats in the city, and the Chief of Police shall so instruct all 
such officers, to make daily reports, on blanks furnished for 
that purpose, of all businesses or occupations commenced or 
discontinued on their beats. 

These reports shall be filed. daily with the officer in charge 
and shall be by him transmitted to the Chief of Police, and any 
failure on the part of a police officer to file these reports 
promptly shall constitute a neglect of duty. (Amendment Art. 
517, Sept. 3; 19138; Ord. Bk. 3, p. 453.) 


Sec. 726. Abstract of Report Shall Be Filed Weekly With 
Assessor and Collector—The Chief of Police shall make or 
cause to be made in his office weekly an abstract of all busi- 
nesses or occupations reported commenced or discontinued, 
as provided in amended Section 725. These weekly abstracts 
shall be compiled on blanks provided for this: purpose and shall 
-be transmitted to the Tax Assessor and Collector not later 
than Monday of the first week following the week which they 
cover. (Id., Art. 518.) © 


Sec. 727. Shall Watch Persons of Bad or Suspicious Char- 
acter—He shall strictly watch the conduct of all persons of 
suspected or of known bad character. (Code 1904, Art. 519.) 


Sec. 728. Shall Require Person Accusing Another to Ac- 
company Him to the Station House, Etc.—When any person 
charges another with the commission of crime, and insists 
that the person charged shall be taken into custody, the police- 
man shall require the accuser, if unknown to him, to accom- 
pany him as a witness along with the accused to the station 
house, and the accuser’s name shall be placed on the blotter 
as such, and he must appear against defendant; the policeman 
shall then, with as little delay as possible, return to his post. 
(Id., Art. 520.) 


Sec. 729. Shall Not Leave His Post, Except—He shall not 
leave his post unless otherwise directed by nis rules and regu- 
lations. (Id., Art. 521.) 


256 Revised Code of Ordinances 


Sec. 730. Shall Be Courteous and Helpful—He shall be 
civil and polite to all strangers; give such information as may 
be required politely, but shall not leave his post for that pur- 
pose, and, if necessary, shall assist females, children and aged 
or decrepit persons across crowded streets. (Id., Art. 522.) 


Sec. 731. Must Prevent Obstructions of Sidewalks and 
Crossings—He must prevent all crowds from obstructing the 
sidewalk, especially at crossings; also, keep the sidewalks clear 
from boxes of merchandise. (lId., Art. 523.) 


Sec. 732. Ill Usage of Prisoners and Aggravated Lan- 
guage Unjustifiable—In making arrests he is not justified in 
doing more than is absolutely necessary for the safe custody 
of the prisoners, until he conveys them to their proper desti- 
nation. Policemen must not use such language as would be | 
calculated to provoke or exasperate them. (ld., Art. 524.) 


Sec. 734. Baton to Be Used Only in Emergencies and in 
Self-Defense—He must not use his baton except in urgent 
cases, and in self-defense, nor consider himself interfered with 
in the performance of his duty unless the interference is actual. 
(Id., Art. 525.) 


Sec. 735. Conduct on Certain Streets—Policemen as- 
signed to duty on Main, Fannin and Travis Streets are not 
allowed to walk or talk together while on duty, except in re-.- 
gard to matters concerning the immediate discharge of their 
duty. (lId., Art. 526.) 


Sec. 736. Must Not Leave Post or Enter House; Excep- 
tions—He must not leave his post except in discharge of 
police duty, nor shall he enter any house except in the execu- 
tion of his duty, or to prevent a breach of the peace. (Id., 
ATT OCs) 


Sec. 737. Cognizance of Public Houses, Etc.—He must 
pay particular attention to all public houses or drinking places 
on his beat—reporting those that are noisy or disorderly. (Id., 
Art. 528.) : 


Sec. 738. Must Not Become Offended—Policemen shoild 
not become offended at any harsh or abusive language that 
may be applied to them. (Id., Art. 529.) 


Sec. 739. Duty on Making Arrest—Whenever a person is 
arrested, the policeman making the arrest must convey the 
prisoner to the station house. The policeman will then search 
the prisoner and turn over to the clerk of the station house 


of the City of Houston 257 


the prisoner and effects. The clerk must enter the same on 
the blotter. (Id., Art. 530.) 


Sec. 740. Prisoners May Give Cash Bail—The Chief of 
Police or the Deputy Chief of Police or any police officer who 
may be in direct charge in the absence of either is hereby au- 
thorized to receive from any and all persons arrested for vio- 
lations of any of the ordinances of the City of Houston, or any 
law of the State of Texas of which the Corporation Court has 
‘jurisdiction, cash bails for the appearance of such persons be- 
fore the Corporation Court, if such person voluntarily signs a 
written agreement in which he agrees that in the event that 
he fails to make his appearance by or upon the date therein 
named that such case bail may by the Corporation Court be 
forfeited to the City of Houston by an order or judgment of 
said court entered upon its minutes, without service of notice 
or citation of any kind upon such party, and will in the same 
instrument authorize the Chief of Police, in the event of his 
failure to appear on said date, to plead guilty for him and 
apply such cash bail to the payment of the fine and costs which 
may be assessed against him. 


That such officer so accepting such bail shall fix the same 
at not less than double the amount of the lowest fine and costs 
which can be assessed against such person upon conviction of 
the offense with which he is charged, but should such officer 
deem such amount of bail insufficient to compel the appear- 
ance of such person at the date fixed, then such officer may 
demand such sum as a cash bail as in his judgment will require 
the appearance of such person at said date set for said trial; 
provided, that no cash bail shall be accepted unless volun- 
tarily offered by the person charged after such person has 
been brought to the police station and the charge has been 
entered properly in the police blotter. 


When a cash bail is tendered and accepted in accordance 
with the foregoing, such officer shall issue a special cash bail 
receipt therefor to the person tendering the cash bail, a copy 
of which shall be attached to and accompany the daily report, 
as hereinbefore provided for. When a cash bail is returned to 
the person who deposited it a receipt shall be taken from such 
party and this original receipt shall accompany the daily re- 
port, as hereinbefore provided for. The same procedure shall 
apply where the person who deposited the money is present 
and orders such cash bail to apply on the payment of the fine 
and costs assessed. When such person fails to make his ap- 
pearance and the Chief of Police pleads guilty for him he shall 


258 Revised Code of Ordinances 


apply so much of said cash bail as may be necessary to the 
satisfaction of such fine and costs and make due report there- 
of in such daily report, the balance he shall return to the said 
defendant. In the event such cash bail is forfeited then the 
entire sum shall be paid in to the proper officer of the city 
and due report made thereof in said daily report. 

The Chief of Police shall make a daily report to the Con- 
troller of all cash bails received or disposed of each day. These 
reports shall show the names of the persons charged and the 
amount of cash bail received from each, and, if disposed of, 
shall show the disposition made thereof. These reports shall 
also show the amount of cash bails, if any, remaining in the 
hands of the Chief of Police pending the disposition of any 
cases, and shall be accompanied by the receipts hereinbefore 
provided for. 

It shall be the duty of the Controller to report to the Mayor 
or such officer as he may designate to check up the Police 
Department, any and all failures to account, as provided here- 
in, for any cash bails received by the Police Department. 
(Amendment Art. 531, Sept. 22, 1913; Ord. Bk. 3, p. 453.) 


Sec. 741. Amount Shall Not Be Less Than $15.00—The 
cash bail herein authorized shall not be less than Fifteen Dol- 
lars ($15.00) for any one person, and a larger sum, not to 
exceed Two Hundred Dollars ($200.00), as in the discretion 
of the Chief of Police, or Deputy Chief of Police, may be neces- 
sary to enforce the attendance of the person so bailed, before 
the Corporation Court. (Code 1904, Art. 532.) 


Sec. 742. Cash Bail Not Taken When Court Is in Ses- 
sion—The cash bail herein provided for shall not be taken if 
the Corporation Court be in session, nor during the hours 
from 9 a. m. to 4 p. m., except on Sundays and legal holi- 
days.« (id., Art.b33.) 


Sec. 743. Chief of Police, or Deputy Chief, to Give Re- 
ceipt—When a cash bail shall be taken as herein provided for, 
the Chief of Police or Deputy Chief of Police shall execute 
and deliver to the person depositing such cash bail, a receipt 

for the same. (Id., Art. 534.) 


Sec. 744. Chief of Police or Deputy Chief to File Com- 
plaint—In all cases where a cash bail has been taken by the 
Chief of Police or Deputy Chief of Police, he shall file or cause 
to be filed against the person bailed, a complaint with the Clerk 


of the City of Houston 259 


of the Corporation Court not later than 9 a. m. of the morning 
following the arrest and bail. (Id., Art. 535.) 


Sec. 745. Apply Cash Deposit on Fine—If the person 
depositing the cash bail be found guilty the cash bail, or so 
much thereof as may be necessary, shall be applied toward 
the payment of the fine and costs, and the excess shall be 
refunded by the Chief of Police to the person depositing the 
same, as hereinbefore provided. (Id., Art. 536.) 


Sec. 746. When Complaint Is Dismissed, Money to Be 
Refunded—In all cases where the complaint is dismissed by 
the Corporation Court, the Chief of Police shall refund the 
cash bail to the person depositing the same, and take a receipt 
therefor. (Id., Art. 537.) 


Sec. 747. Only Chief of Police or Deputy Allowed to Re- 
ceive Cash Bail—No officer is allowed to take a cash bond for 
a prisoner except the Chief of Police, or the Deputy Chief of 
Police, or officer acting for such officer, and the Deputy Chief 
of Police is only allowed to take such bond in the absence of 
the Chief of Police, and whenever bond is taken it must be 
entered on the record of arrests, and opposite the prisoner’s 
name the amount deposited. (Id., Art. 538.) . 


Sec. 748. Shall Not Enter Public Houses; Exception—No 
policeman, while on duty, shall be allowed to enter any saloon, 
gambling house or any other place of public resort, nor shall 
he converse with any person or persons on the streets, except 
in the discharge of his duties as policeman. But it shall be 
his duty to go into any or all places in the city where he has 
reason to believe that a breach of the peace, or a breach of the 
city ordinances, is about to be committed. (Id., Art. 549.) 


Sec. 749. May Arrest Suspicious Persons at Night—Po- 
licemen shall have the right, and it is hereby made their duty, 
to arrest and interrogate all persons of suspicious demeanor, ° 
character or conduct found on the squares, streets or bridges, 
or any public place or thoroughfare, or in, upon or about pub- 
lic or private buildings or premises, where they have no right 
or permission to be, and if such persons do not give a satis- 
factory account of themselves, and the police officer has good 
reason to believe that such person or persons intend or are 
about to commit or have committed any violation of the law, 
or ordinances of the city, it is hereby made the duty of such 
officers to take such person or persons into custody, or if 
necessary for their safe keeping, to put them in the city jail, 


260 Revised Code of Ordinances 


( 


and at the earliest time practicable bring them, with all the ~ 
evidence and proofs applicable to their case, before the Corpo- | 
ration Court for investigation and hearing. (lId., Art. 550.) 


Sec. 750. City May Work Convicted Prisoners—Any per- 
son who has been convicted in the Corporation Court of the 
City of Houston of the violation of any law of the State of 
Texas or any ordinance of the City of Houston and has been 
committed to jail in default of the payment of the fine and 
costs, or either, adjudged against him or her, may be required 
to labor in the city workhouse or on the public streets, or on 
a city rock pile, or on any public work of the city, or on any 
public work or improvement in Harris County that may now 
or hereafter be authorized by Charter provision, a sufficient 
number of days to liquidate said fine and costs, as provided 
‘ in Section 753; provided, that in no event shall any prisoner 
who is physically unable to labor, as evidenced by certificate 
from the City Health Officer, provided for in Section 7538, be 
required to labor under the provisions of this section ; and pro- 
vided, that no prisoner shall be required to labor under the 
provisions of this section after he or she shall have tendered 
in cash the balance of any fine and costs still due the city by 
him or her after deducting all credits due thereon, as pro- 
vided for in Section 753, for labor already performed under 
the provisions of this section; and further provided, that in 
no case shall any prisoner be required to labor under the pro- 
visions of this section, for a longer period than six months 
for the satisfaction of any commitment. (Amendment Art. 
551, Sept. 22, 1913; Ord. Bk. 3, p. 453.) 


Sec. 751. Shall Not Be Employed in Conflict with Free 
Labor—Such persons so required to labor shall not be allowed 
to come in conflict with the employed laborers of the City of 
Houston, and when such persons are required to labor on the 
streets or other public works of the said City of Houston, the 
person who has supervision of them shall first ask the city 
official having charge of the streets or such public works to 
. designate the place where such person or persons so convicted 
shall be put to labor; provided, that should such official re- 
fuse to designate such place, then the person having supervi- 
sion, or the Mayor of the City of Houston, shall put them at 
labor on such street or such public work as he may deem best 
and proper for the best interests of the public. (Code 1904, 
Art. 552.) 


Sec. 752. Shall Be Worked Under Supervision of Chief of 
Police—Such person so convicted is to be worked under the 


of the City of Houston 261 


supervision of the Chief of Police of the City of Houston, or 
some person detailed by said Chief of Police or Mayor for that 
purpose; provided, such person or persons so convicted shall 
not be required to work more than eight full hours during one 
day at any of the labor named in Section 750. (Id., Art. 553.) 


Sec. 753. Prisoners to Receive Credit on Fines and Costs 
for Work, Etc.—Every prisoner who has been required to 
labor under the provisions of Section 750 shall receive a credit 
of Fifty Cents per day on the fine and costs adjudged against 
him or her for every day he or she has been required to labor 
- and for every intervening Sunday or legal holiday on which 
no work was required. 


In the event any prisoner is physically unable to labor a 
certificate shall be required of the City Health Officer setting 
forth this fact and every such prisoner shall receive a credit 
of Fifty Cents per day on the fines and costs adjudged against 
him or her for every day he or she remains in jail under such 
certificate. 

In the event the City of Houston fails to require any pris- 
oner to labor under the provisions of Section 750, such pris- 
oner shall receive a credit of $3.00 per day on the fine and costs 
adjudged against him or her for each day he or she remains 
in jail; provided, that no prisoner shall receive credit at the 
rate of $3.00 per day on the fine and costs adjudged against 
him or her unless such prisoner has made written affidavit 
to the fact that he or she is unable to pay such fine and costs 
and that he or she has been confined’in jail at least ten days. 


When any prisoner shall be entitled under the provisions 
- of this section to credits aggregating the total amount of the 
fine and costs adjudged against him or her, or when any pris- 
oner tenders in cash any balance of such fines and costs after 
deducting all credits that he or she may be entitled to under 
the provisions of this section, or in the event that the certificate 
of the City Health Officer, heretofore provided for, directs the 
immediate release of any prisoner, stating it to be a necessity 
for the preservation of the prisoner’s health, or when any 
prisoner shall have labored six months under the provisions 
of Section 750 for the satisfaction of any commitment, such 
prisoner shall be released from custody, as provided for in 
sub-division (j) of Section 151. (Amendment Art. 554, Sept. 
Poy helo, Odi BKso, Dp: 455.) 


Sec. 754. Refusing to Work When Able, Shall Be Put On 


Bread and Water—Should any such person, so convicted, then 
24 


262 Revised Code of Ordinances 


and there being physically and mentally able to labor, fail 
and refuse to labor as hereinbefore provided, when ordered 
so to do by the person having supervision, they may be put 
by such person on a bread and water diet until they comply 
with his orders. (Code 1904, Art. 555.) 


Sec. 755. Shall Make Daily Remittances—The Chief of 
Police shall make a daily remittance, excepting on legal holi- 
days, to the Tax Assessor and Collector of all fines and costs 
collected and all other items which have come into his’ hands, 
excepting cash bails not applied on fines and costs and not for- 
feited, and the amount remitted to the Tax Assessor and Col- 
lector must show the amount to apply on fines and costs and 
the amount on pound fees, special details and otherwise item- - 
ized, and must agree with the accounts reported to the City 
Controller, a receipt to be taken by the Chief of Police. 
(Amendment Art. 556, Sept. 22, 1918; Ord. Bk. 3, p. 453.) 


Sec. 756. Chief of Police to Keep Record of All Commit- 
ments and Be Liable for All Fines and Costs—The Chief of 
Police shall keep or cause to be kept in his office a record of 
all commitments issued and delivered to him to be designated 
“Record of Commitments and Prisoners.” This record shall 
show the case number, the name of the defendant, the nature 
of the offense, the date of commitment, the amount of fine and 
costs assessed, the amount of fines and costs collected, the date 
of release of prisoners and the reason therefor. In the column 
of this record provided for entering the reason for release 
the Chief of Police shall show such reason as is stated in his 
return of the commitment to the Corporation Judge, which 
shall have been approved by said judge as provided in sub- 
division (j) of Section 151, and whenever any fine and costs 
have been liquidated, either in whole or in part, by labor as 
provided for in Section 750, the Chief of Police shall also show 
in this “reason for release’? column, where and on what dates 
the prisoner has labored. And in each and every case the 
Chief of Police shall be personally and individually liable to 
the City of Houston for all fines and costs assessed against 
persons committed to his custody; provided, that he shall not 
be liable for fines and costs in those cases where the prisoner 
dies or escapes, or is released upon the certificate of the Health 
Officer, or in which person is released after having labored 
for a sufficient time to satisfy such fine and costs, or has paid 
part in cash and labored for a sufficient time to satisfy such 
fine and costs and in each of which cases the return of such 


of the City of Houston | 263 


commitment has been approved and recorded as provided for 
in sub-division (j) of Section 151. (lId., Art. 557.) 


Sec. 757. Prisoners to Be Searched and Record of Ar- 
rests to Be Kept—lIt shall be the duty of the Police Clerk to 
have all prisoners who have been brought before him searched 
in the presence of another officer for valuables and to take 
all weapons and valuables from such prisoners and place them 
under lock for safekeeping until such time as the judge of the 
Corporation Court orders the surrender thereof. 


It shall be the duty of the Police Clerk to keep a record of 
all arrests made to be designated ‘‘Police Department Blotter.” 
This record shall show the date of arrest, the name of the 
person arrested, the offense charged, the name of the officer 
making the arrest and the court in which the complaint is filed. 
It shall be the duty of the Police Clerk to see that complaints 
are filed promptly in each and every case where arrest has 
been made and he shall file with the Mayor daily a statement 
of all cases remaining on his blotter in which complaint has 
not been filed in such Corporation Court, and for any failure 
or neglect to report any such cases he shall be subject to dis- 
charge. (Id., Art. 558.) 


Sec. 758. To Furnish Corporation Court All of List—The 
Clerk of the Corporation Court shall, after receiving a list 
of each and every person arrested, make out a complaint, and 
let the arresting officer, or the person so complaining, sign 
the same and swear to it as prescribed by law. (Code 1904, 
Art. 559.) | 


Sec. 759. Shall Keep Prisoners Unless They Give Bond— 
The Police Clerk shall receive from officers who make arrests, 
persons by them arrested, and cause said persons to be con- 
fined in the city jail, to await trial on whatever charge is 
lodged against them, unless said persons give bond to said 
Corporation Court for their appearance as is required by law. 
(Id., Art. 560.) 


Sec. 760. Police Station to Be Kept Open at All Times— 
The police station shall be kept open for the transaction of 
business at all times, and the Police Clerk, in person or by 
deputy, shall be in attendance at the office of the police sta- 
tion at all times for the transaction of business. (Id., Art. 

561.) 


Sec. 762. Officers, Etc., to Carry Cases Before Corpora- 
tion Court—It shall be the duty of every officer and mem- 


264 Revised Code of Ordinances 


ber of the Police Department to carry each and every case 
within the jurisdiction of the Corporation Court before that 
court for trial. And any officer or member of the Police 
Department of the City of Houston violating this provision 
shall be suspended from the force by the Superintendent with 
the approval of the Mayor, and unless satisfactory explana- 
tion is made, shall be dismissed from the force by the Super- 
intendent with the approval of the Mayor. (May 7, 1906; 
Ord. Bk. 2, p. 271, Sec. 1.) 


Sec. 763. All Arrests to Be Brought Before the Corpora- 
tion Court—All persons arrested by members of the police 
force for offenses punishable under the ordinances of the city, 
as well as under the laws of the State, of which the Corpora-. 
tion Court and the Courts of the Justices of the Peace have 
concurrent jurisdiction, shall be brought by such officer be- 
fore the Corporation Court for trial; nor shall it be legal for 
any member of the police force to carry any person so ar- 
rested before a Justice of the Peace for trial. (Code 1904, 
Art. 563.) 


Sec. 764. Policemen to File Complaints—It shall be the 
duty of the members of the police force to file in the Corpora- 
tion Court all complaints against persons arrested by them 
for the commission of offenses of which the Corporation Court 
and Justice of the Peace Courts have concurrent jurisdiction. 
(Id., Art. 564.) 


Sec. 765. Penalty—Any member of the police force who 
shall be guilty of violating either of the next two preceding 
sections shall be punished by suspension from the Department 
by the Superintendent with approval of the Mayor. It shall 
be the special duty of the judge of the Corporation Court, the 
Superintendent of Police, and every policeman forthwith to 
report every such violation to the Mayor and City Council. 
(Id., Art. 565.) 


Sec. 766. Fees of Officers, Etc., Not to Be Appropriated, 
Etc.—It shall be unlawful for any officer or member of the 
Police Department to receive, accept and appropriate to his 
own use any fee or perquisite for the performance of any 
service connected with the discharge of his duties as such 
officer or member of the Police Department, whether acting 
under authority of the General Laws of the State of Texas 
or otherwise. And any officer or member of the Police De- 
partment of the City of Houston who shall receive, accept 
and appropriate to his own use fees for services in violation of 


of the City of Houston 265 


this provision shall be guilty of an offense, and shall forfeit 
from his salary a sum equal to the amount of fees received, 
accepted and appropriated in violation of this section, and shall 
be dismissed from service on the Police Department by the 
Superintendent with the approval of the Mayor. (May 7, 
1906; Ord. Bk. 2, p. 271, Sec. 2.) 


Sec. 767. Fees to Be Paid to Clerk of Corporation 
Court—That all fees accruing from arrests made by mem- 
bers of the Police Department of the City of Houston, in cases 
arising under the State laws wherein the Corporation Court 
does not have jurisdiction, shall be paid over by the officer 
making the arrest to the Clerk of the Corporation Court, 
who shall issue to such officer a receipt, disclosing the amount 
of the fee collected, the name of the officer from whom such 
fee is received, and the case in which the fee is received. (Id., 
Sec. 3.) 


Sec. 768. Officers, Etc., to Make Monthly Statement of 
Fees, Etc.; Disposition of Same—It shall be the duty of each 
and every officer and member of the Police Department of 
the City of Houston to render a monthly statement, under 
oath, setting forth the number of arrests carried last month 
before the Justice of the Peace Courts; the fee charged and 
received in each case, together with the style of the case; and 
such monthly report shall be a complete and accurate state- 
ment of all arrests made, and of all fees and perquisites of 
whatever character received, and shall be subscribed and sworn 
to before an officer having authority to administer oaths. 
Said monthly reports shall be turned in to the Controller and 
shall be accompanied by the receipts received from the Clerk 
of the Corporation Court, as vouchers, and a duplicate of said 
report shall be furnished by each officer to the Chief of Police, 
and each case carried into the Justice of the Peace Courts 
shall be reported to the Chief of Police by the police officer 
as it occurs. And the Controller shall strike from the month- 
ly payroll, before he approves same, the name of any officer 
failing to make reports under oath, as herein provided. (lId., 
Sec. 4.) 


Sec. 769. Fees to Be Reported, Etc., by Clerk of Corpo- 
ration Court—It shall be the duty of the Clerk of the Corpora- 
tion Court to report on the first day of each month the amount 
of said fees received by him from officers, as aforesaid, and 
shall accompany said report with a check for the sum total 
of all said fees so received. The report of the Clerk of the 


266 Revised Code of Ordinances 


Corporation Court shall show the amount of fees received from 
each officer, the name of the officer, and the cause in which 
said fees accrued. (ld., Sec. 5.) 


Sec. 770. Superintendent of Police; Duties With Refer- 
ence to Fees of Officers, Etc.—It shall be the duty of the 
Superintendent to check over the reports of the various of- 
ficers and men on the payroll, and to compare same with the 
report made by the Clerk of the Corporation Court. Should 
any discrepancy appear in the report of any officer or per- 
son of the Police Department, it shall be the duty of the Super- 
intendent to withhold the salary of such officer or man, and 
to, with the approval of the Mayor, suspend such officer or man 
from the Department, pending a thorough investigation of 
such discrepancy; and should any irregularity in the conduct 
of any officer be disclosed, which, in the judgment of said 
Superintendent and Mayor, might require the dismissal of 
said officer, it shall be the duty of said Superintendent and 
Mayor to dismiss such officer, and to deduct the amount of 
fees misappropriated by such officer from his salary before 
paying over to such officer balance due on salary, if any. (Id., 
Sec. 6.) 


Sec. 771. Officers Failing to Comply to Be Dismissed, 
Etc.—That any officer or member of the Police Department 
of the City of Houston who shall fail to comply with the pro- 
visions of the next preceding six sections, or any of them, shall 
be, with the approval of the Mayor, dismissed from the De- 
partment by the Superintendent, and shall forfeit from his 
salary a sum equal to the amount of fees received by him and 
not reported under oath or not paid to the Clerk of the Cor- 
poration Court, as prescribed. (lId., Sec. 7.) 


Sec. 772. Superintendent of Police; Further Duties With 
Reference to Fees and Officers, Etc.—It is made the duty of 
the Superintendent of Police to see to it that the members of 
the Police Department in all respects comply strictly with the 
next preceding seven sections; to know what offenses are car- 
ried by said officers before said State courts, and what fees 
are collected by them in State courts; and the Superintendent 
of Police shall, at the end of each month, file with the Con- 
troller his statement, under oath, of all cases in the Justice of 
the Peace Courts in which members of the Police Department 
render services, giving the style of each case, the offense, the 
name of the policeman, and the fee coming to him, and like- 
wise an accurate statement of all fees paid to members of the 


of the City of Houston 267 


Police Department for such services during said month; and 
the Superintendent of Police and his bondsmen shall be liable 
to make good to the City of Houston, at the end of each month, 
all fees collected in Justice of the Peace Courts by members 
of the Police Department during said month and not paid 
over to the Clerk of the Corporation Court. And all amounts 
so collected and not paid in to the Clerk of the Corporation 
Court shall be deducted from the salary of the Superintendent 
of Police by the Controller, if not paid by the officer collect- 
ing same, and default or failure in the performance of the du- 
ties imposed by the next preceding seven sections on the Super- 
intendent of Police shall vacate the office of Superintendent of 
Police. (Id., Sec. 8.) 


Sec. 773. Officers, Etc.; Duties With Reference to 
Searches of Persons for Arms Unlawfully Carried, Etc.—It is 
hereby made the duty of every police officer of the City of 
Houston, either with or without warrant, upon his knowledge 
or belief, or upon the information of some credible person, to 
‘arrest and search any person or persons found within the lim- 
its of the City of Houston, who may be unlawfully carrying 
on or about his person, or in his saddle bags, or valise, any pis- 
tol, dirk, dagger, sword cane, spear, slung shot, knife, or any . 
other knife manufactured or sold for purposes of offense or 
defense; and such police officer as soon as any such person or 
persons have been arrested and searched, shall immediately 
take such person or persons before the proper officer in Har- 
ris County, having jurisdiction to try said offense. And any 
police officer of the City of Houston under the circumstances 
above mentioned, who shall fail or refuse to arrest any per- 
son or persons thus unlawfully carrying any of the above men- 
tioned weapons shall be deemed guilty of an offense and as a 
punishment shall be dismissed from the Police Department of 
the City of Houston, and shall not be permitted thereafter to 
serve as a police officer of said city. (Nov. 3, 1913; Ord. Bk. 
3, p. 496, Sec. 1.) 


ARTICLE 3. 
PRIVATE WATCHMEN, ETC. 


Sec. 774. Special Policemen, Etc.; Appointment; Powers 
and Duties—That the Mayor is authorized to appoint spe- 
cial policemen or watchmen at private places of business and 
institutions for duty in and at such places of business and in- 
stitutions only, upon the request and recommendation of the 
owners or proprietors of such places of business and institu- 


268 Revised Code of Ordinances 


tion, which said policemen or watchmen while on duty in and 
at such places of business and institutions shall have the pow- 
ers and authority of a regular police officer of the City of 
Houston, and they shall see that the ordinances of the city are 
complied with; but when not on duty in and at such places of 
business and institutions for which they are appointed their 
powers as such officers shall cease. (July 14, 1913; Ord. Bk. 
8; p.°395;- Secs 1.) 


Sec. 775. Written Application for Appointment—That 
any person, firm or corporation desiring a special policeman or 
watchman at or in his place of business and institution shall 
cause the person desired to be appointed to make a written 
_ application to the Mayor containing substantially the same 
information and facts required to be contained in the applica- 
tion of persons desiring to be appointed regular police officers 
of the City of Houston, which said application shall be en- 
dorsed and recommended by the person, firm or corporation 
desiring such appointment, and shall state in and at what place 
of business and institution such policeman or watchman is to 
serve, giving the boundaries thereof if outside of a building, 
and when the Mayor has acted favorably upon such request 
and appointed such special policeman or watchman, such po- 
liceman or watchman shall qualify by giving bond and taking 
the oath of office required by the ordinance to be given by a 
regular police officer, who, thereafter, shall have the powers 
and authority of a regular police officer of the City of Houston 
in and at such place of business and institution named within 
the bounds named in his recommendation and endorsement 
while he is actively engaged in the discharge of the duties of 
policeman or watchman at and in such place of business and 
institution and within the boundaries named in said recom- 
mendation, but in no other place. (ld., Sec. 2.) 


Sec. 776. Special Policemen to Receive No Salary From - 
City; Removal—That such special policeman or watchman 
shall receive no salary from the City of Houston, but shall be 
paid by the person, firm or corporation requesting his appoint- 
ment, and he shall be subject to removal from office by the 
Mayor of the City of Houston at any time and for any cause 
which he may deem sufficient for his removal. (Id., Sec. 3.) 


of the City of Houston 269 


CHAPTER XXVIII. 
Public Morals and Decency. 


Sec. 777. Keeping a Disorderly House—The owner, lessee 
or proprietor of any house who makes, causes, permits or suf- 
fers to be made therein any loud or improper noises, or who 
collects or permits to be collected therein any drunken, noisy 
or disorderly persons, to the annoyance or disturbance of the 
neighborhood, must be fined not less than One nor more than 
One Hundred Dollars. (Code 1904, Art. 631.) 


Sec. 778. Street Walking, Etc.—It shall be unlawful for 
any female known as a courtesan, prostitute, bawd or lewd 
woman, or any female inmate of a bawdy house or house of 
prostitution, or of assignation, brothel or disorderly house, as 
defined by the Penal Code of the State, to wander about the 
streets in the night time; or to go into beer houses or places 
of public resort, or to be employed to sing or dance in such 
house or place, or to be found employed as a beer carrier or 
waiter girl in any such house or place, and any person offend- 
ing against the provisions of this section must be fined not less 
than Five nor more than One Hundred Dollars. (Id., Art. 659.) 


Sec. 779. Public Plying of Vocation by Prostitutes—lIt 
shall be unlawful for any female known as a prostitute, bawd, 
courtesan or lewd woman, to ply, or seek to ply, her vocation 
by word, sign or action, on the streets, alleys, or in any public 
place, or at the door or window of any house or rooms. Any 
person offending against the provisions of this section must be 
fined not less than: Five nor more than One Hundred Dollars. 
(Id., Art. 660.) 


Sec. 780. Unlawful for Prostitutes to Occupy, Etc., Any 
House, Etc., Without Certain Limits—That it shall be unlaw- 
ful for any public prostitute or woman notoriously abandoned 
to lewdness, to occupy, inhabit, live or sleep in any house, room 
or closet situated without the following limits in the City of 
Houston, viz: Commencing with the intersection of the center 
line of what is designated as Crosby Street on the maps of the 
Stewart Abstract Company with Buffalo Bayou, at a point one 
block west of Heiner Street; thence south with the center line 
of said Crosby Street to a point 100 feet south of the south line 
of Hobson Street; thence west parallel with the south line of 


270 Revised Code of Ordinances 


Hobson Street and 100 feet south thereof, to the center line 
of Burton Street; thence north on the center line of Burton 
Street to the center line of Howard Street; thence west on the 
center line of Howard Street to the center line of Lamb Street; 
thence along the center line of Lamb Street to Buffalo Bayou; 
thence following the meanders of Buffalo Bayou to the place 
of beginning; all as delineated on map by the Stewart Abstract 
Company. (Amendment Oct. 2, 1911; Ord. Bk. 3, p. 19, Sec. 1.) 


Sec. 781. Unlawful to Rent, Etc., House, Etc., for Immor- 
al Purposes, Etc.—That it shall be unlawful for any person or 
persons, whether agent or owner,.to rent, lease or hire any: 
house, building or room to any woman, or girl, notoriously 
abandoned to lewdness, or for immoral purposes, outside the 
limits specified in the next PreCednE section. _ (Mar, 30, 1908; 
Ord. Bk. 2, p. 467, Sec. 2.) 


Sec. 782. Prostitutes, Etc., Not to Stand on Sidewalks, 
Etc.—That public prostitutes or notoriously lewd or abandoned 
women are forbidden to stand upon the sidewalks in front or 
near the premises they may occupy, or at the alleyway, door 
or gate of such premises, or to occupy the steps thereof, or to 
accost, call or stop any person passing by, or to walk up and 
down the sidewalks, or to stroll about the city streets indecent- 
ly attired, or in other respects so behave in public as to 
occasion scandal or disturb or offend the peace and good mor- 
als of the people. (Id., Sec. 3.) 


Sec. 783. Unlawful for Lewd Women to Frequent Coffee 
House, Etc.—That it shall not be lawful for any lewd women 
to frequent any coffee house, saloon or bar room and to drink 
therein. (ld., Sec. 4.) 


Sec. 784. Unlawful to Carry On Assignation House, 
Etc.—That it shall be unlawful for any parties or party to es- 
tablish or carry on a house of prostitution or house of assig- 
nation without the limits specified in Section 780. (Id., Sec. 5.) 


Sec. 785. Mayor May Order Occupants House of Pros- 
titution, Etc., to Move—That whenever a house of prostitution 
or assignation may become dangerous to public morals, whe- 
ther from the manner in which it is conducted or the character 
of the neighborhood in which it is situated, the Mayor or City 
Council may, on such facts coming to his or their knowledge, 
order the occupant of such house, building or room to remove 
therefrom within a delay of five (5) days by service of notice 
on such occupants in person or by posting the notice on the 


of the City of Houston POE 


door of the house, building or room, to remove therefrom with- 
in a delay of five (5) days, and upon such occupant failing to 
do so, each shall be punished as provided in Section 787. (Id., 
Sec. 6.) 


Sec. 786. Mayor and Council May Close, Etc.—That in 
the event that the occupants of such house, building or room 
referred to in Section 785 do not remove therefrom after the 
infliction of the penalty, the Mayor or City Council is author- 
ized to close the same and to place a policeman at the door of 
such premises to warn away all such parties who shall under- 
take to enter. (Id., Sec. 7.) 


Sec. 787. Penalty—That any person or persons who shall 
violate any of the provisions of Sections 709 to 715, inclusive, 
or who shall disturb the tranquillity of the neighborhood, shall 
be guilty of an offense, and upon conviction thereof in the Cor- 
poration Court shall be fined in any sum not exceeding Two 
Hundred Dollars ($200.00) for each offense. 

That each day any person or persons shall continue to vio- 
late the provisions of said sections shall constitute a separate 
offense. 


Sec. 788. Unlawful to Loiter, Etc., in Disorderly House, 
Etc.; Penalty——Any person who shall be found in or frequent- 
ing or loitering in any disorderly house, assignation house, 
bawdy house, house of prostitution or brothel, shall be guilty 
of an offense, and on conviction thereof in the Corporation 
Court shall be fined in any sum not less than Five Dollars 
($5.00) nor more than Twenty-five Dollars ($25.00) for each 
offense. (April 6, 1908; Ord. Bk. 2, p. 469, Sec. 1.) 


Sec. 789. Unlawful for Prostitute, Etc., to Eat, Etc., in 
Coffee House, Etc.—That it shall be unlawful for any lewd 
woman or prostitute to frequent any coffee house, restaurant, 
eating house, saloon or bar room, or to eat or drink therein. 
(Sept. 14, 1909, Ord. Bk. 2, p. —, Sec. 1.) 


Sec. 790. Unlawful for Proprietor to Permit Lewd Wo- 
man, Etc., to Frequent, Etc.—That it shall be unlawful for 
any person, being proprietor of such establishment, to permit 
any lewd woman or prostitute to frequent any coffee house, 
restaurant, eating house, saloon or bar room, or to eat or drink 
therein. (Id., Sec. 2.) 


Sec. 791. Penalty—Any person violating the provisions of 
the next two preceding sections shall be guilty of an offense, 


22. Revised Code of Ordinances 


and upon conviction thereof in the Corporation Court shall be 
fined in any sum not less than Five Dollars ($5.00) nor more 
than Fifty Dollars ($50.00) for each offense, and it shall be a 
separate offense for each time that any lewd woman or prosti- 
tute frequents such establishment, or eats or drinks therein, or 
is permitted to frequent same, or eat or drink therein. (lId., 
Sec. 3.) 


Sec. 792. Unlawful to Falsely Register as Husband and 
Wife; Penalty—Any person or persons who may register or 
permit their name or names to be registered in any hotel, 
boarding house or rooming house as husband and wife when 
they are not such in fact shall be guilty of an offense and on 
conviction thereof in the Corporation Court shall be punished 
by a fine of not less than Five Dollars ($5.00) and not more 
than Fifty Dollars ($50.00) for each offense. (Sept. 14, 1909; 
Ord. Bk. 2, p. 5382, Sec. 1.) 


Sec. 793. Accompanying Lewd Women—Any person who 
rides or walks through or along any street or sidewalk or other 
public place (not being an officer in the discharge of his duty) 
with any prostitute or woman of ill-fame, must be fined not 
less than One nor more than One Hundred Dollars. (Code 
1904, Art. 646.) 


Sec. 794. Indecent Apparel or Lewd Conduct in Pub- 
lic—Any person who walks upon the streets or sidewalks in- 
decently attired, or who stands or sits at the door or gate or on 
the steps of his or her house in an indecent position or lewd 
manner, must be fined not less than One nor more than One 
Hundred Dollars. (Id., Art. 647.) 


Sec. 795. Appearing in Public in a State of Nudity or in 
the Dress of the Other Sex—Any person who appears in pub- 
lic in a state of nudity, or who appears in public in the dress 
of the other sex, or in any indecent or lewd manner, must be 
fined not less than One nor more than One Hundred Dollars. 
(Id., Art. 648.) 


Sec. 796. Indecent Exposure of the Person, Etc.—Any 
person who exposes his person in an indecent manner, or who 
does any obscene or indecent act in any street or other public 
place, or in the presence of any person, must be fined not less 
than One nor more than One Hundred Dollars. (Id., Art. 
649.) 


Sec. 797. Overloading, Abusing or High-checking Ani- 
mals—Whoever overdrives, overloads, drives when overloaded, 


of the City of Houston. ~— 273 


overworks, tortures, torments, deprives of necessary susten- 
ance, cruelly beats, mutilates or kills an animal, or checks the 
same extremely high, or causes or procures an animal to be so 
overdriven, overloaded, driven when overloaded, overworked, 
tortured, tormented, deprived of necessary sustenance, cruelly 
beaten, mutilated or killed, or checked extremely high, and 
whoever having charge or custody of an animal, either as own- 
er or otherwise, inflicts unnecessary cruelty upon it, or un- 
necessarily fails to provide it with proper food, drink, shelter 
or protection from the weather, shall be punished, upon con- 
viction, by a fine not less than Five Dollars and not more than 
One Hundred Dollars. (lId., Art. 800.) 


Sec. 798. Cruelty to Animals—Every owner, possessor or 
person having charge of an animal who cruelly drives or works 
it when unfit for labor, or cruelly abandons it, or carries it 
or causes it to be carried in or upon a vehicle or otherwise, in 
an unnecessarily cruel or inhuman manner, or knowingly and 
‘wilfully authorizes or permits it to be subjected to unneces- 
sary torture, suffering or cruelty of any kind, shall be punished 
in the manner provided in Section 797. (Id., Art. 801.) 


Sec. 799. Police Officer or Citizen Authorized to Uncheck 
Animals—That any police officer or citizen of the City of 
Houston shall have the right to uncheck animals left checked 
upon the streets of the City of Houston. (Id., Art. 802.) 


Sec. 800. Bringing Diseased Animals Into the City—Any 
person who knowingly brings into the city any horse or mule 
having glanders, nasal gleet, farcy, or other infectious or con- 
tagious disease, whereby the health or lives of other horses or 
mules shall be endangered, or who allows the same to run at 
large within the city, must be fined not less than One nor more 
than One Hundred Dollars. (Id., Art. 803.) 

Sec. 801. Selling Diseased Animals at Auction—Any per- 
son who knowingly sells at auction as an auctioneer, or who 
causes, allows or procures to be sold by an auctioneer, any glan- 
‘dered or diseased horse or mule, whereby the life or health 
of any other horse or mule shall be endangered, must be fined 
not less than One nor more than One Hundred Dollars. (Id., 
Art. 804.) 

Sec. 802. Unlawful to Sell Native Birds; Exception—It 
shall be unlawful for any person to barter, hawk or peddle or 
offer for sale on the streets of the city or elsewhere therein, 
any native bird of any kind or description, save and except do- 
mestic fowls and birds for food. (Id., Art. 820.) 


274 Revised Code of Ordinances 


Sec. 803. Unlawful to Catch Wild Birds—It shall be un- 
lawful for any person to ensnare or catch by any means what- 
soever any wild birds, old or young, within the limits of the 
city. (Id., Art. 821.) 


Sec. 804. Penalty—Any person violating either of the two 
next preceding sections shall be fined not less than Five nor 
more than Twenty-Five Dollars. (Id., Art. 822.) | 


Sec. 805. Unlawful for Arrested Persons, Etc., to Give 
Assumed, Etc., Names—That it shall be unlawful for any per- 
son under arrest, or in the custody of peace officers of the City 
of Houston, and charged with an offense against the laws of 
this State or the ordinances of this city, to give an assumed 
or fictitious name, or an alias, or fail or refuse to give any 
name, upon the request of such officers, other than his true 
name. (Jan. 21,1914; Ord) Bika 4epo34) secie12) 


Sec. 806. Unlawful for Arrested Persons, Etc., to Give 
False, Etc., Place of Residence, Etc.—That it shall be unlaw- 
ful for any person under arrest or in the custody of peace of- 
ficers of the City of Houston and charged with an offense 
against the laws of this State or the ordinances of this city, 
to give a false or fictitious place of residence, or any other than 
the true place of residence, upon the request of such peace of- 
ficers. (Id., Sec. 2.) 


Sec. 807. Unlawful for Peace Officers to Receive False 
Name, Etc.—That it shall be unlawful for any peace officer of 
the City of Houston to knowingly receive from any person ar- 
rested by him, or in his custody, charged with a penal offense, 
any name and place of residence or either the name or the place 
of residence other than the true name and true place of resi- 
dence of such person. (Id., Sec. 3.) 


Sec. 808. Unlawful for Peace Officers to File Charge 
Knowingly Under False, Etc., Name—That it shall be unlaw- 
ful for any peace officer of the City of Houston to knowingly 
file a charge against any person charged with a penal offense 
under a fictitious or assumed name, or alias, oer any other 
than the true name of such person. (Id., Sec. 4.) 


Sec. 809. Penalty—Any person found guilty of violating 
Sections 805 and 806, or either of them, shall be fined in any 
sum not less than One Dollar nor more than Two Hundred 
Dollars. (Id., Sec. 5.) 


of the City of Houston 275 


A 


Sec. 810. Peace Officers Violating to Be Dismissed—Any 
person in the employ of the City of Houston as a peace officer 
who shall be found guilty of a violation of Sections 807 and 
808, or either of them, shall be dismissed from the service of 
the city forthwith. (Id., Sec. 6.) 


276 Revised Code of Ordinances 


CHAPTER XXIX. 
Public Peace and Order. 


Sec. 811. Fighting—If any two or more persons shall fight 
together in a public place, they shall be punished by a fine not 
exceeding One Hundred Dollars. (Code 1904, Art. 576.) 


Sec. 812. Disorderly Conduct in Public Place or Private 
House—If any person shall go into any public place, or into 
or near any private house, and shall use loud, vociferous or ob- 
scene, vulgar or indecent language, or Swear or curse, or ex- 
pose his person, or rudely display any pistol or other deadly 
weapon in such public place, or upon such public street or high- 
way, or near such private house, in a manner calculated to dis- 
turb the inhabitants thereof, he shall be fined in a sum not ex- 
ceeding One Hundred Dollars. (lId., Art. 577.) 


Sec. 813. Definition of Public Place—A public place is any 
public road, street or alley, inn, tavern, store, grocery, work 
shop, or any place to which people commonly resort for pur- 
poses of business, recreation or amusement. (Id., Art. 578.) 


Sec. 814. Discharging Firearms in City Limits—If any 
person shall discharge any gun, pistol or other firearms of any 
description in, or on or across, or near to any public square, 
street or alley within the limits of this city, he shall be fined 
in a sum not exceeding One Hundred Dollars. (Id., Art. 579.) 


Sec. 815. Definition of Assault and Assault and Battery— 
The use of any unlawful violence upon the person of another, 
with intent to injure him, whatever be the means or the degree 
of violence used, is an assault and battery. Any attempt to 
commit a battery, or any threatening gesture, showing in it- 
self, or by words accompanying it, an immediate intention, 
coupled with an ability to commit a battery, is an assault. (Id., 
Art. 586.) | 


Sec. 816. Intent to Injure Presumed; Definition of In- 
jury—When an injury is caused by violence to the person the 
intent to injure is presumed, and it rests with the person in- 
flicting the injury to show the accident or innocent intention. 
The injury intended may be either bodily pain, constraint, or 
a sense of shame or other disagreeable emotion of the mind. 
(Id., Art. 587.) 


of the City of Houston 277 


Sec. 817. May Be Committed on Another Than the Per- 
son Intended—An assault, or assault and battery, may be 
committed, though the person actually injured thereby was 
not the person intended to be injured. (Id., Art. 588.) 


Sec. 818. How an Assault, or Assault and Battery, May 
Be Committed—An assault, or assault and battery, may be 
committed by the use of any part of the body of the person 
committing the offense, as of the hand, foot, head, or by the 
use of any inanimate object, as a stick, knife or anything else 
capable of inflicting the slightest injury, or by the use of any 
animate object, as by throwing one person against another, 
or driving a horse or other animal he the person. (lId., 
Art. 589.) 


Sec. 819. Any Means Used Capable of Inflicting Injury 
Comes Within the Definition——Any means used by the person 
assaulting, as by spitting in the face, or otherwise, which is 
capable of inflicting an injury, comes within the definition of 
an assault, or assault and battery, as the case may be. (Id., 
Art. 590.) 


Sec. 820. Explanation of the Terms “Coupled With an 
Ability to Commit”’: 


1. That the person making the assault must be in such a 
position that, if not prevented, he may inflict a battery upon 
the person assailed. 

2. That he must be within such distance of the person 
so assailed as to make it within his power to commit the bat- 
tery by the use of the means with which he attempted it. 


3. It follows that one who is, at the time of making an at- 
tempt to commit a battery, under such restraint as to deprive 
him of the power to act, or who is at so great a distance from 
the person assailed as that he cannot reach his person by use 
of the means with which he makes the attempt, is not guilty 
of an assault; but the use of any dangerous weapon, or the 
semblance thereof, in any angry or threatening manner, with 
intent to alarm another, and under circumstances calculated 
to effect that object, comes within the meaning of an assault. 
(Id., Art. 591.) | 


Sec. 821. In What Cases Violence Does Not Amount to 
Assault and Battery—Violence used to the’ person does not 
amount to an assault or battery in the following cases: 

1. In the exercise of the right of moderate restraint or cor- 


rection given by law to the parent over the child, the guardian 
25 


278 Revised Code of Ordinances 


ae 


over the ward, and the master over his apprentice, and the 
teacher over. the scholar. 

2. In the preservation of order in a meeting for religious, 
political or other lawful purposes. 

83. In the preservation of the peace, or to prevent the com- 
mission of offenses. 

4. In preventing or interrupting an intrusion upon the law- 
ful possession of property. 

5. In making lawful arrest and detaining the party ar- 
rested in obedience to the lawful order of a magistrate or 
court, and in overcoming resistance to such lawful order. 

6. In self-defense or defense of another against unlawful 
violence offered to his person or property. (Id., Art. 592.) 


Sec. 822. Only Necessary Degree of Force Permitted— 
In all the cases mentioned in the preceding section, where vio- 
lence is permitted to effect a lawful purpose, only that degree 
of force must be used which is necessary to effect such pur- 
pose. (Id., Art. 593.) 


Sec. 823. Verbal Provocation No Justification, but May 
Be Pleaded in Mitigation—No verbal provocation justifies an 
assault and battery, but insulting and abusive words may be 
given in evidence in mitigation of the punishment affixed to 
the offense. (Id., Art. 594.) 


Sec. 824. Definition of Battery—The word “battery” is 
used in this chapter in the same sense as “assault and_ bat- 
tery.” (Id., Art. 595.) | 


Sec. 825. Degrees of Assault—An assault is either a sim- 
ple assault, an aggravated assault, or an assault with intent to 
commit some other offense. (Id., Art. 595.) 


Sec. 826. Penalty for Simple Assault—The punishment 
for a simple assault or assault and battery, unattended with 
circumstances of aggravation, shall be a fine not less than Five 
nor more than Twenty-five Dollars. (ld., Art. 597.) 


Sec. 827. Causing Arrest on Frivolous or Malicious 
Charge—Any person who causes or procures the arrest of an- 
other on any frivolous or malicious charge is guilty of an of- 
fense and upon conviction shall be fined not less than Five Dol- 
lars nor more than Twenty Dollars. (Id., Art. 626.) 


Sec. 828. Inciting Rescue or Resistance to Arrest—Any 
person who wilfully or intentionally does any act, or utters 
any word in the hearing of another, encouraging, inciting or 


of the City of Houston 279 


proposing or tending to encourage or incite the forcible or un- 
lawful rescue of any person in the custody of a policeman or 
officer of the city, or the prevention or hindrance of any law- 
ful arrest; or who uses violence to any policeman or officer of 
the city in the execution of his duty, or any person summoned 
to aid in making an arrest, shall be deemed guilty of riotous 
conduct, and must be fined not less than One nor more than 
One Hundred Dollars. (Id., Art. 627.) 


Sec. 829. Resisting or Interfering With an Officer in the 
Discharge of His Duty—Any person who assaults, strikes, or 
in any manner opposes, molests, abuses or interrupts any of- 
ficer of the city, or any policeman, in the execution of his duty, 
must be fined not less than One nor more than One Hundred 
Dollars. (Id., Art. 628.) 


Sec. 830. Refusing to Assist Officer—Any person who, 
having been summoned or commanded by any policeman or 
other city officer having authority to assist such officer in mak- 
ing an arrest, or in executing any other duty devolving upon 
him under any law of the city in relation to public offenses 
within the city, refuses or neglects to obey such summons or 
command, must be fined not less than One nor more than One 
Hundred Dollars. (Id., Art. 652.) 


Sec. 831. Aiding the Escape of Prisoners—Any person 
who assists another in the custody of an officer to escape, or 
in attempting to escape from such custody, or who rescues or 
attempts to rescue another from the custody of an officer, 
must be fined not less than One nor more than One Hundred 
Dollars (ids AyYt.6D3.) 


Sec. 832. Unlawful Throw Water, Confetti, Etc.; Pen- 
alty—That it shall be unlawful for any person to throw upon 
or against the clothes or person of any pedestrian or other 
person or persons standing upon or traveling along or over 
any of the public streets, sidewalks, public places or ways of 
the City of Houston, water, ink, perfumery, acids or liquids of 
any kind; sand or any like object; and it shall be unlawful also 
to throw confetti or small bits of paper, whether mixed or un- 
mixed with other substance, upon the clothing or person of 
any pedestrian or other person standing upon or traveling 
along or over any of the public streets, sidewalks or public 
places in the City of Houston. (Amendment Nov. 9, 1910; 
Ord. Bk. 3, p. 15, Sec. 1.) 


280 | Revised Code of Ordinances 


Any person violating this section shall, upon conviction 
thereof in the Corporation Court, be punished by a fine of not 
less than Five Dollars ($5.00) nor more than One Hundred 
Dollars ($100.00). (1d.) 


Sec. 833. Using Squawkers, Etc.; Penalty—That it shall 
be unlawful for any person or persons to use upon any public 
street, sidewalk, public place or way of the City of Houston 
any rubber ball, squawker, shooting cane, feather duster, 
wind-bag or spanker, squirt gun, bells or any other article or 
contrivance of a like nature intended to create an unusual 
noise, upon any such street, sidewalk, public place or way, or 
to interfere in any manner with any pedestrian or other per- 
son or persons upon or passing or traveling along any such 
street, sidewalk, public place or way. (Amendment Nov. 22, 
1904; Ord. Bk. 2, p. 162, Sec. 2.) 

That any person violating any of the provisions of this sec- 
tion shall be punished by a fine of not less than Five Dollars 
($5.00) nor more than One Hundred Dollars ($100.00). (1d., 
sec. 3.) 


Sec. 834. Injuring or Defacing Buildings, Walls, Fences, 
Etc.—Any person who maliciously, wantonly or wilfully in- 
jures any church or other building, either public or private; or 
who writes or draws figures, letters or characters on the walls, 
fences or enclosures thereof, must be fined not less than One 
Dollar ($1.00) nor more than One Hundred Dollars ($100.00). 
(Code 1904, Art. 617.) 


Sec. 835. Taking Possession of Property Without Permis- 
sion—Any person who moves into or takes possession of any 
dwelling house, out-house, or other building or lot, the prop- 
erty of another; without the consent of the owner or agent 
thereof, must.be fined not less than One Dollar ($1.00) nor 
more than One Hundred Dollars ($100.00). (Id., Art. 618.) 


Sec. 836. Malicious Mischief—Any person who unlaw- 
fully, wilfully or maliciously breaks, throws down, destroys or 
carries away any gate, step or door, the property of another, or 
who shall take down, deface or carry away any sign board, 
plate or card which indicates the name, occupation or business 
of any person, firm or corporation, must be fined not less than 
One Dollar ($1.00) nor more than One Jenoeties Dollars 
($100.00). (Id., Art. 619.) 


Sec. 837. Unlawfully Entering a Theater or Other Place 
of Public Amusement—Any person who enters, or attempts to 


of the City of Houston 281 


enter, any theater or other place of public amusement when 
any exhibition, performance or entertainment is being given, 
without the payment of the admission fee, or without having 
an entrance ticket, and against the consent of the lessee, agent 
or manager thereof, must be fined not less than One Dollar 
($1.00) nor more than One Hundred Dollars ($100.00). (Id., 
Art. 620.) | 


Sec. 838. Loitering About the Premises of Another—Any 
person who is found loitering about the property or upon the 
premises of another without being able to give a good account 
of himself must be fined not less than One Dollar ($1.00) nor 
more than One Hundred Dollars ($100.00). (Id., Art. 621.) 


Sec. 839. Suspicious Intrusion; Intrusion After Being 
Warned—Any person who is found on the premises of another 
in the night time, under suspicious circumstances, and who, 
without legal cause, or good excuse, enters into the dwelling 
house or on the premises of another after having been warned 
not to do so, must be fined not less than One Dollar ($1.00) 
nor more than One Hundred Dollars ($100.00). (Id., Art. 622.) 


_ Sec. 840. Unlawful Intrusion—Any person who enters 
into the dwelling house, place of business, or upon the premises 
of another for any unlawful purpose must be fined not less 
than One Dollar ($1.00) nor more than One Hundred Dollars 
($100.00). (Id., Art. 623.) 


Sec. 841. Disturbing Females in Public Assembly—Any 
person who, by rude or indecent behavior, or by profane or 
obscene language, disturbs any female in any public assembly, 
met for the purpose of amusement, instruction or recreation, 
must be fined not less than One Dollar ($1.00) nor more than 
One Hundred Dollars ($100.00). (Id., Art. 629.) 


Sec. 842. Making Goo-goo Eyes, Etc.; Penalty—That any 
male person in the City of Houston who shall stare at, or 
make what is commonly called ‘“‘goo-goo eyes” at, or in any 
other manner look at or make remarks to or concerning, or 
cough or whistle at, or do any other act to attract the at- 
tention of any woman or female person upon or traveling along 
any of the sidewalks, streets, or public ways of the City of 
Houston, with the intent or in a manner calculated to annoy, 
or to attempt to flirt with any such woman or female person, 
shall be deemed guilty of a misdemeanor, and, upon conviction 
thereof in the Corporation Court of the City of Houston, 
shall be fined in any sum not exceeding One Hundred Dollars 
($100.00). (Sept. 5, 1905, Ord. Bk. 2, p. 287, Sec. 1.) 


282 Revised Code of Ordinances 


—vt 


Sec. 843. Disorderly Conduct in Public Assemblies—Any 
person who, by boisterous talking, whistling, or any rude or 
indecent act or conduct, disturbs the audience at any show, 
theater, exhibition, performance, or other lawful public assem- 
bly or meeting, must be fined not less than One Dollar ($1.00) 
nor more than One Hundred Dollars ($100.00). (Code 1904, 
Art. 630.) 


Sec. 844. Disturbing Public Worship or Schools—Any 
person who interrupts or disturbs any congregation, school or 
assemblage of people met for religious worship, by noise, pro- 
fane discourse, rude or indecent behavior, must be fined not 
less than Twenty-five Dollars ($25.00) nor more than One 
Hundred Dollars ($100.00). (1Id., Art. 632.) 


Sec. 845. Sleeping Upon the Streets or Sidewalks—Any 
person who sleeps upon any street or sidewalk must be fined 
not less than One Dollar ($1:00) nor more than One Hundred 
Dollars ($100.00). (Id., Art. 644.) 


Sec. 846. Sprinkling Foot Crossings—Any person in 
charge of a street sprinkling water cart who shall sprinkle 
the foot crossings on any street in the city must be fined Ten 
Dollars ($10.00). (Id., Art. 657.) 


Sec. 847. Certain Bands of Music Prohibited From Play: 
ing on Streets—The playing of bands upon the streets of or 
in other public places in the City of Houston, with a view to 
taking up a collection from the bystanders by someone, for 
the benefit of the members composing said band, is hereby 
declared to be a nuisance and unlawful. (Id., Art. 677.) 


Sec. 848. Every Member Subject to Fine—Every mem- 
ber of a band of musicians that shall play upon a street or 
streets or in a public place in the City of Houston, with a view 
to taking up or having taken up a collection from the bystand- 
ers, shall be guilty of committing a nuisance; provided, that 
this shall not be construed to apply to religious organizations 
that conduct their services in the streets or.in other public 
places. (Id., Art. 678.) 


Sec. 849. Penalty—That every person who shall violate 
Sections 847 and 848, by playing in such a band, shall be fined 
not less than One Dollar ($1.00) nor more than One Hundred 
Dollars ($100.00). (Id., Art. 679.) . 


Sec. 850. Unlawful Conversation With Prisoners—lIt 
shall be unlawful for any person on the outside of the city 


of the City of Houston 283. 


prison to hold any conversation with any of the inmates there- 
in confined, without first obtaining permission of the jailer; 
and any person who violates this section shall, upon conviction, 
be fined in a sum not less than Two Dollars ($2.00) nor more 
than Ten Dollars ($10.00). (Id., Art. 679.) 


Sec. 851. Penalty for Working on Sundays—Any person 
who shall hereafter labor, or compel, force or oblige his em- 
ployees, workmen or apprentices to labor on Sunday, shall be 
fined not less than Ten Dollars ($10.00) nor more than Fifty 
Dollars ($50.00). (Id., Art. 681.) 


Sec. 852. Exceptions to Sunday Law—The preceding sec- 
tion shall not apply to household duties, works of necessity or 
charity; nor to necessary work on farms or plantations in 
order to prevent the loss of any crop; nor to the running of 
steamboats and other water craft, rail cars, wagon trains, 
common carriers, nor to the delivery of goods by them or the 
agents, to whom said goods are delivered; nor to stages carry- 
ing the United States mail or passengers; nor to foundries, 
ferrymen or keepers of toll bridges, keepers of hotels, board- 
ing houses and restaurants, and their servants; nor to keepers 
of livery stables and their servants; nor to any person who 
conscientiously believes that the seventh, or any other day of 
the week, ought to be observed as the Sabbath, and who actu- 
ally refrains from business and labor on that day for religious 
‘reasons. (Id., Art. 682.) 


Sec. 853. Penalty for Horse Racing or Gaming on Sun- 
day—Any person who shall run, or be engaged in running, 
any horse race, or who shall permit or allow the use of any 
nine or ten pin alley, or shall be engaged in match shooting, or 
any species of gaming for money or other consideration, with- 
in the limits of the city, on Sunday, shall be fined not less 
than Twenty Dollars ($20.00) nor more than Fifty Dollars 
($50.00). (Id., Art. 683.) 


Sec. 854. Penalty for Selling or Trading on Sunday; Pro- 
viso—Any merchant, grocer, or dealer in wares or merchan- 
dise, or trader in any lawful business whatever, who shall 
barter or sell on Sunday, shall be fined not less than Twenty 
Dollars ($20.00) nor more than Fifty Dollars ($50.00) ; pro- 
vided, this section shall not apply to markets or dealers in 
provisions as to sales made by them before 9 o’clock a. m., nor 
shall the provisions in relation to the Sunday law apply to 
dealers in ice, vendors of newspapers, proprietors of bathing 
saloons, nor to bakers. (Id., Art. 684.) 


284 Revised Code of Ordinances 


Sec. 855. Goats and Hogs—Any person who shall permit, 
allow or suffer his or her hogs, sows, or goats to go at large 
within the city limits shall be deemed guilty of a misdemeanor, 
and on conviction may be fined in any sum not less than One 
~ Dollar ($1.00), nor more than Ten Dollars ($10.00), and such 
animals shall be destroyed or disposed of by the Chief of Police, 
in any manner he may see fit, not conflicting with the next 
following section, and:if not sufficiently valuable to pay ex- 
penses incident to impounding and sale. (Id., Art. 787.) 


Sec. 856. The Chief of Police May Destroy—tThe Chief of 
Police may speedily destroy or dispose of all hogs, sows, pigs or 
goats found running at large within the city limits if in his 
judgment same will not sell at public sale for a sufficient sum 
to cover expense incident to impounding, keeping and sale. 
(Id., Art. 788.) 


Sec. 857. May Be Admitted; When—The two next pre- 
ceding sections shall not be so construed as to prevent any 
person from bringing hogs or goats into the city for sale, the 
same being immediately under their charge, nor to interfere 
with parties in transit through the city with their hogs or 
goats. (lId., Art. 789.) 


Sec. 858. Stock Limits; Certain Animals Running at 
Large, a Nuisance—The following districts and such others 
as may hereafter be added by amendment to this section shall 
constitute the stock limits of the City of Houston, and the 
running at large of horses, mules, jacks, jennets, cattle, sheep, 
goats, hogs and geese within so much of the city limits of 
the City of Houston, Harris County, Texas, as is included with- 
in the said district is hereby declared to be a nuisance and > 
shall be unlawful: 


First District: A territory four miles square to be run 
with the cardinal points of the compass of which the Court 
House in the City of Houston shall be the center. 


Second District: Beginning on the north line of the San 
Felipe Road at the southehLst corner of the Laurel Park Ad- 
dition to the City of Houston where the west line of the First 
stock district above described crosses said road; running 
thence with the north line of said San Felipe Road west to 
the turn thereof; thence south to the next turn of said road, 
and thence west again to the southeast corner of Lot 13 out 
of Large Lot 48 of the Obedience Smith Survey, and due north 
on the west line of the “Etta” or “Harlow” school; thence due 
south passing the said school house crossing the Westheimer 


of the City of Houston 285 


Road on the western boundary of Hyde Park Heights Addition ; 
thence following said line in the same direction to the right 
of way of the San Antonio & Aransas Pass Railroad; thence 
with the said right of way to the southwest corner of the 
First stock district as defined above; thence due north to the 
place of beginning following the west line of the First stock 
district. (Amendment Art. 790, April 1, 1914, Ord. Bk. 4, 
p. —, Sec. 1.) 


j 

Sec. 859. Definition “to Run at Large,’’ Etc.—The term 
“to run at large” or “running at large’ as used in this code 
of ordinances includes any animal whatsoever which may be 
staked, tied or hobbled in any manner within the limits de- 
fined, in such manner as to allow such animals to go or get 
upon the adjacent sidewalk or, when not in use, upon the street. 
(July 24, 1905, Ord. Bk. 2, p. 222, Sec. 1, Amendment Art. 
691.) 


Sec. 860. Public Pound; Chief of Police Shall Establish— 
It shall be the duty of the Chief of Police to establish a public 
pound in the city, at such place as may be designated by the 
City Council, where all animals of the above description found 
running at large in violation of the above two preceding sec- 
tions shall be received and taken care of. It shall be the duty 
of the Chief of Police to cause all horses, mules, jacks, jennets, 
cattle, sheep, goats, hogs and geese found running at large 
within the limits mentioned in Section 858 contrary to the 
provisions of the two preceding sections to be gathered and 
impounded in the public pound, and the Chief of Police shall 
sell the same at public auction for cash, first giving five days’ 
notice of the time, terms and place of sale, in some daily 
newspaper published in the City of Houston, and by notice 
placed at the court house door of Harris County, describing the 
animal impounded, and that a fee of fifty cents shall be charged 
for each animal impounded, and all fees collected shall be re- 
mitted to the City Assessor and Collector, or to the City Treas- 
urer, as may be provided by ordinance, provided that as to 
goats and hogs the Chief of Police may proceed as provided 
in Sections 855 and 856. (Code 1904, Art. 792.) 


Sec. 861. Method of Redeeming Impounded Animals— 
The owner of any animal or animals impounded, as provided 
for in the preceding section, may redeem the same as follows: 

1. Before Sold——-By paying seventy-five cents for taking 
up and keeping, and the officer’s fee of fifty cents for im- 


286 Revised Code of Ordinances 


pounding the same, together with the cost of advertising, if 
any. ‘ 

2. After Sold—By paying to the purchaser double the 
amount bid by him for such animal or animals, and his rea- 
sonable expenses for keeping the same; provided the owner 
redeems said animal, as herein provided, within thirty days 
after the date of sale, otherwise said animal to become the 
absolute property of the purchaser. (ld., Art. 793.) 


Sec. 862. If Not Sold, Shall Be Killed—If at the time of 
the sale no purchaser can be found for any of the animals 
impounded under the provisions of the preceding sections, the 
Chief of Police shall kill all such animals, or cause them to 
be killed, and shall deposit the carcasses in such place as may 
be designated for such matter. (ld., Art. 794.) 


Sec. 863. Exemptions—This chapter shall not be so con- 
strued as to prevent any person or persons from bringing or 
driving any of the animals hereinbefore mentioned into the 
city for sale, the same being under the immediate charge of 
themselves or their agents, nor shall it be so construed as to 
interfere with parties in transit through the city with any of 
said animals. Milch cows in charge of any person going to 
or coming from pasture shall also be exempt from the opera- 
tions of this chapter. (Id., Art. 795.) 


Sec. 864. Only Policemen Shall Impound; Penalty for 
Driving Within Area, Etc.—It shall not be lawful for any 
person other than a duly appointed and qualified policeman 
of the City of Houston, the Chief of Police of said city, or 
his deputy, to engage in the catching or impounding of ani- 
mals, nor shall any reward be given for such catching or im- 
pounding, and any person detected in driving any of said 
animals into said prescribed area other than as hereinbefore 
authorized, and any officer authorized to catch and impound 
said animals detected in offering a reward of any kind what- 
soever to any person or persons to catch or impound said 
animals, or a reward to drive them within the prescribed lim- 
its, shall be deemed guilty of an offense, and upon trial and 
conviction shall be fined in a sum not less than Ten Dollars 
($10.00) nor more than Twenty-five Dollars ($25.00), for each 
and every offense. (Id., Art. 796.) 


Sec. 865. Proceeds of Sale of Stock—Any money received 
into the City Treasury from the net proceeds of the sale of 
impounded stock shall be paid to the owner thereof. (Id., 
Art. 818.) | 


of the City of Houston 287 


Sec. 866. Pigeons—It shall be unlawful for any person to 
keep or maintain any pigeon house, or place to keep pigeons, 
or to keep or maintain pigeons for breeding or other purposes; 
and any person violating this section must be fined not less 
than Ten Dollars ($10.00) nor more than Fifty Dollars 
($50.00). (Id., Art. 819.) 


Sec. 867. Certain Fowls Not to Run at Large; Penalty— 
That it shall be unlawful for the owner or keeper of any 
geese, ducks, turkeys, chickens or other domestic fowls to 
permit same to run at large in the streets and highways of 
the City of Houston, and any owner or keeper of any geese, 
ducks, turkeys, chickens or other domestic fowls, who shall 
permit same to run at large in violation of this section to the 
inconvenience or annoyance of persons residing in the neigh- 
borhood, shall be deemed guilty of a misdemeanor and upon 
conviction thereof in the Corporation Court shall be fined in 
any sum not less than One Dollar ($1.00) nor more than Fifty 
Dollars ($50.00). (May 15, 1911, Ord. Bk. 3, p. 30, Sec. 1.) 


Sec. 868. Unlawful to Display Live Stock on Streets for 
Sale—It shall be unlawful for any person or persons to use 
any street or streets of the City of Houston as a place on 
which to display horses or other live stock for sale, or to sell 
the same on said street or. streets in any manner that will 
create an annoyance, or which will create any inconvenience 
or nuisance to the public in the free and uninterrupted use of 
said street or streets. (Code 1904, Art. 797.) 


Sec. 868a. Penalty—Any person who shall be guilty of 
violating the above section shall, upon conviction before the 
Recorder of the City of Houston, be fined in any sum not less 
than Twenty-five Dollars ($25.00) nor more than One Hun- 
dred Dollars ($100.00), and each violation shall be deemed a 
separate offense. (Id., Art. 798.) 


Sec.. 869. Unlawful for Stabled Animals to Make Dis- 
turbance; Penalty—That any person who shall stable or keep 
a horse or horses, mule or mules, or any other animal in the 
city limits, in such a manner that said animal, by stamping 
or kicking, creates such a noise as shall be a disturbance to 
those living in the vicinity, shall be deemed guilty of a mis- 
demeanor, and, upon conviction before the Corporation Court, 
shall be fined in any sum not less than One Dollar ($1.00) nor 
more than One Hundred Dollars ($100.00). (Id., Art. 799.) 


288 Revised Code of Ordinances 


Sec. 870. Wounded Animals to Be Killed—That when 
from. any cause it may happen that any horse, mule, cow, calf, 
steer, goat, sheep, dog or other domestic animal within the 
edrporate limits of the City of Houston shall be so wounded, 
maimed or injured as to render its recovery hopeless, then 
and in that event it shall become the duty of the Chief of 
Police to kill or destroy, or cause to be killed or destroyed, 
such animal so injured, and as soon after such injury as prac- 
_ticable, and in such manner as in his judgment shall be the 
least painful, and to cause the carcass thereof to be removed 
to such place as may be set apart for such matter. (ld., Art. 
805.) 


Sec. 871. Chief of Police to Report Animals Killed— 
When it occurs that the Chief of Police shall kill or cause to be 
killed any animal named in Section 870, by authority of said 
article, it shall become his duty to at once file with the City 
Secretary a report in writing of such killing, and said report 
shall show: 


First—A description of the animal killed, and the name of 
the owner thereof, if known. 


Second—The injury which made the killing necessary, and 
how same was inflicted, and by whom, if known. , 


Third—The names of at least two reliable witnesses, who 
are conversant with the facts of the injury and the killing. 
- (Id., Art. 806.) 


Sec. 872. Using Animals or Vehicles Without Consent of 
Owner, Etc.—Any person who takes or uses temporarily any™ 
animal or any vehicle for the transportation of things or per- 
sons, owned or controlled by another, without the consent or 
assent of such owner or person having the control thereof; or 
any servant or other person while in charge of such animal 
who rides, drives or makes improper use of the same contrary 
to the will or wishes of the owner or person having the cus- 
tody or control thereof, must be fined not less than One Dollar 
($1.00) nor more than One Hundred Dollars ($100.00). (Id., 
Art. 807.) 


of the City of Houston 289 


SS $$ eeeeeeeeEeeeeSSSSSSSSSSSSSseF 


CHAPTER 30. 
PUBLIC POLICY. 


Sec. 873. Enticing Any Person to Bet or Wager—Any 
person or persons who shall entice or persuade any person or 
persons to bet or wager money or any valuables on any game of 
chance played with cards, or other device, of whatsoever kind, 
or to bet on any device of whatsoever kind any money or 
other valuables, or who shall entice or persuade any person 
or persons to go into any saloon, building, room, or any other 
place of whatsoever character, in order to have such person 
or persons bet or wager money or any valuables on any game | 
of chance, played with cards, or other device, of whatsoever 
kind, or to bet or wager on any such device any money or 
other valuable, shall be deemed guilty of misdemeanor, and 
shall be fined in any sum not less than Ten Dollars ($10.00) 
nor more than One Hundred Dollars ($100.00). (Code 1904, 
Art. 598.) 


Sec. 874. Gaming With Cards—If any person shall play 
at any game with cards, at any house for retailing spirituous 
liquors, store house, inn, tavern, or other public house, or in 
any street, highway or other public place, or in any out-house 
where people resort, he shall be fined not less than Ten Dollars 
($10.00) nor more than Twenty-five Dollars ($25.00). (Id., 
Art. 899.) 


Sec. 875. What Places Are and Are Not Included in Pre- 
ceding Article—All houses commonly known as public, and 
all gaming houses are included within the meaning of the 
preceding section. Any room attached to such public house 
and commonly used for gaming, is also included, whether the 
same be kept closed or open. A private room of an inn or 
tavern is not within the meaning of public places, unless such 
room is commonly used for gaming; nor is a private business 
office nor a private residence to be construed as within the 
meaning of a public house or place; provided, said private 
residence shall not be a house for retailing spirituous liquors. 
(Id., Art. 600.) 


Sec. 876. What It is Not Necessary to Prove—In prosecu- 
tions under the two preceding sections, it shall not be neces- 
sary to prove that any money or article of value, or the repre- 


290 Revised Code of Ordinances 


sentative of either, was bet at such game. The offense is com- 
plete without such proof. (Id., Art. 601.) 


Sec. 877. ‘Policy’? Game—That it is hereby declared un- 
lawful and a nuisance for any person to keep,. exhibit or use, 
for the purpose of playing the game known as policy, any 
wheel, machine or device used for said purpose. (Id., Art.601.) 


Sec. 878. Chief of Police to Take Charge of Device— 
That upon complaint being made that any person is keeping, 
using or exhibiting any such wheel, machine or device for such 
purpose, the Judge of the Corporation Court is hereby ordered 
to issue his warrant, directed to the Chief of Police or any 
police officer, commanding them to take such wheel, machine 
or device into their possession and keep the same, to be dealt 
with according to law; said Judge shall, at the same time, 
issue a notice addressed to such person or persons as may be 
alleged to keep the same, commanding them to appear before 
him at some reasonable time to answer such complaint. Upon 
the hearing of such complaint, if it be found that such machine, 
wheel or device was kept by such party for such purpose, the 
Judge shall thereupon order said wheel, machine or device to 
be destroyed by the Chief of Police. (Id., Art. 605.) 


Sec. 879. Purchase of Tickets Unlawful—lIt shall be un- 
lawful for any person to purchase or receive, for the purpose 
of playing at said game of policy, for himself or another, any 
ticket, card or other evidence of a chance or right to partici- 
pate in any drawing or any such game known as policy. (Id., 
Art. 606.) | 


Sec. 880. Unlawful to Rent Building, or Permit It to Be 
Used for Exhibiting a Policy Wheel—lIt shall be unlawful for 
any person, either as landlord or agent, to rent or permit to 
be used any house, structure or tenement or property what- 
ever for the purpose of carrying on or allowing to be carried 
on the game known as policy therein or thereupon. (Id., Art. 
607.) 


Sec. 881. Penalty—Any person who shall violate either of 
Sections 877, 879 or 880, shall be fined in a sum not less than 
One Dollar, nor more than Fifty Dollars. (Id., Art. 608.) 


Sec. 882. Witness May Be Compelled to Testify, but Shall 
Not Be Liable to Prosecution; Conviction on Unsupported 
Evidence—Any tribunal having jurisdiction of the offenses 
enumerated in this chapter may subpoena persons and compel 
their attendance as witnesses to testify as to violations of any 


of the City of Houston , 291 


of the provisions of this chapter. Any person so summoned 
and examined shall not be liable to prosecution for any viola- 
tion of the provisions of this chapter about which he may tes- 
tify, and for any offense against the provisions against gaming 
herein contained, a conviction may be had upon the unsup- 
ported evidence of an accomplice or SE ME Char oeArt: 
616.) 


Sec. 883. Pool Rooms; Places for Receiving or Telegraph- 
ing Bets, Etc.; Penalty—That it shall be unlawful for any per- 
son, firm or corporation to keep, maintain, operate or conduct 
any place, either for themselves or as agent for another, in the 
City of Houston in which the business of receiving or tele- 
graphing offers to bet, or of transmitting money to any race 
track or other place, there to be placed or bet on any horse 
race, either within or without this State, is permitted or car- 
ried on, and any person, firm or corporation so doing shall be 
guilty of an offense, and on conviction in the Corporation 
Court shall be punished by a fine in any sum not less than 
Twenty-five Dollars ($25.00) nor more than Two Hundred 
Dollars ($200.00) for each offense, and it shall be a separate 
offense for each day that said place is kept. 


Any place maintained, operated or conducted for any of the 
purposes above declared unlawful, or for all of said purposes, 
is a “pool room” within the meaning of the term as used in 
this chapter, and the maintenance of such place is declared un- 
lawful and Sea (April 18, 1908; Ord. Bk. 2, p. 470, 
Sec. 1.) 


Sec. 884. Persons Not to Loiter, Etc., in, Etc., Pool Rooms; 
Penalty—That it shall be unlawful for any person or persons 
to loiter or congregate in or about any place kept or main- 
tained in the City of Houston for the purposes defined in the 
preceding section, and any person so doing shall be guilty of 
an offense, and on conviction thereof in the Corporation Court 
shall be punished by a fine in any sum not less than Ten Dol- 
lars ($10.00) nor more than One Hundred Dollars ($100.00) 
for each offense. (ld., Sec. 2.) 


Sec. 885. Assisting in Doing Things Done by Pool Rooms; 
Penalty—That it shall be unlawful for any person to be en- 
gaged in or to assist in or in any way to be concerned in the 
carrying on of the business of receiving or telegraphing offers 
to bet or of transmitting money to any race track or other 
place, there to be placed or bet on any horse race, either within 
or without this State, and any person guilty of such offense 


292 Revised Code of Ordinances 


shall on conviction thereof in the Corporation Court be pun- 
ished for each offense by a fine of not less than Twenty-five 
Dollars ($25.00) nor’ more than Two Hundred Dollars 


($200.00). (Id., Sec. 3.) 


Sec. 886. Unlawful to Furnish, Etc., to Owners, Etc., Pool 
Rooms, Messages, Etc.; Penalty—That it shall be unlawful for 
any telegraph, telephone or messenger company, or any officer, 
agent, messenger or employee thereof, to furnish, deliver or 
communicate to any owner, proprietor, agent or employee of 
any such place or establishment as is defined in Section 883, 
maintained, kept, operated or conducted in the City of Houston 
for any of the purposes defined in Section 883, any message, 
communication or information to be used at such place or es- 
tablishment as is defined in Section 883, concerning any horse 
race or races, either in or out of the State of Texas; and any 
company, person, firm or corporation that shall violate any 
provision of this section shall on conviction be fined in any sum 
not less than Twenty-five Dollars ($25.00) nor more than One 
Hundred Dollars ($100.00) for each offense, and each mes- 
sage or communication so furnished or delivered or communi- 
cated shall constitute a separate offense. (Id., Sec. 4.) 


Sec. 887. Telegraph, Etc., Wires or Instruments in Pool 
Rooms; Penalty—If any telegraph or telephone company, or 
any agent thereof, shall knowingly permit any telegraph or 
telephone wire or instrument to remain in any pool room as 
heretofore defmed, or shall knowingly permit any of the wires, 
instruments or equipments of such telegraph or telephone com- 
pany to be used by any person engaged in the business ren- 
dered unlawful by this chapter, whether or not the same be 
leased by the person or persons so illegally using the same, 
such company or agent, or both, shall be fined not:less than 
Twenty-five Dollars ($25.00) or more than Two Hundred Dol- 
lars ($200.00) for each offense, and each day this section is 
violated shall constitute a separate offense. (Id., Sec. 5.) 


Sec. 888. Telegraph, Etc., Messages to Pool Establish- 
ments Forbidden; Penalty—That it shall be unlawful for 
any telegraph, telephone or messenger company, or any officer, 
agent, messenger or employee thereof, to furnish, deliver or 
communicate to any owner, agent or employee of any pool es- 
tablishment as above described, maintained, kept, operated or 
conducted in the City of Houston, any message, communica- 
tion or information to be used at such place or establishment, 
concerning any horse race or races, either in or out of the 


of the City of Houston 293 


State of Texas; and any company, person, firm or corporation 
that shall violate any provision of this section shall, on con- 
viction, be fined in any sum not less than Twenty-five Dol- 
lars ($25.00) nor more than One Hundred Dollars ($100.00) 
for each offense, and each message or communication so fur- 
nished or delivered or communicated shall constitute a sepa- 
rate offense. (April 16, 1908; Ord. Bk. 2, p. 471, Sec. 1.) 


Sec. 889. Telegraph, Etc., Wires to Pool Establishments 
Forbidden; Penalty—If any telegraph or telephone company, 
or any agent thereof, shall knowingly permit any telegraph or 
telephone wire or instrument in any pool establishment as 
heretofore defined, or shall knowingly permit any of the wires, 
instruments or equipments of such telegraph or telephone 
company to be used by any person engaged in the unlawful 
business hereinbefore described, whether or not the same 
is leased by the person or persons so illegally using the same, 
such company or agents, or both, shall be fined not less than 
Twenty-five Dollars ($25.00) nor more than Two Hundred 
Dollars ($200.00) for each offense, and each day this section 
is violated shall constitute a separate offense. (lId., Sec. 2.) 


Sec. 890. Unlawful to Bet on Horse Races, Except; Pen- 
alty—That it shall be unlawful for any person to offer to bet 
or to tender a bet in the City of Houston on any horse race, 
except on the day and within the inclosure where such race is 
run, whether such horse race is had in this or any other State, 
and any person so doing contrary to the terms of this section 
shall be guilty of an offense, and on conviction thereof in the” 
Corporation Court shall be fined in any sum not less than 
Twenty-five Dollars ($25.00) nor more than One Hundred Dol- 
lars ($100.00) for each offense, and it shall be a separate of- 
fense for each time such person offers to bet or tenders a bet. 
(April 13, 1908; Ord. Bk. 2, p. 470, Sec. 1.) 


Sec. 891. State Convicts Shall Not Be Employed on Pub- 
lic Work—No State convicts shall be allowed or permitted to 
work or be employed in any public place within the city limits; 
and any person, contractor, sergeant or guard who shall em- 
ploy or work any State convicts within the city limits, or who 
shall guard State convicts employed within said city limits, 
shall be fined not less than Five nor more than One Hundred 
Dollars. (Code 1904, Art. 625.) 


Sec. 892. Bringing Paupers Into the City—Any person 
who knowingly brings or causes to be brought into the city 


any person having no means of support, and who is unable or 
26 


294 Revised Code of Ordinances 


unwilling to work, must be fined not less than One nor more 
than One Hundred Dollars. (Id., Art. 624.) 


Sec. 893. Indigent Persons Not to Be Brought Into City 
by Carriers—That it shall be unlawful for any common car- 
rier by rail, water or otherwise, to bring into, or cause to be 
brought into, the City of Houston any indigent person from 
any other State than Texas, or from any county in Texas, other 
than Harris County, Texas, and that the failure of any com- 
mon carrier, by rail, water or otherwise, their agents or em- 
ployees, to make proper and diligent inquiry of any indigent 
person before carrying him or her from any other place, State 
or county outside of Harris County, to said city, shall consti- 
tute guilty knowledge and shall be prima facie evidence of a 
violation hereof; provided, that this section shall not apply to 
passengers passing through the City of Houston to other States 
or to other counties within the State of Texas. (Sept. 2, 1912; 
Ord=Bke-3;/p2136,> Sec. 1.) 


Sec. 894. Definition Indigent Person—That an indigent 
person within the meaning of the preceding and succeeding 
section is a person without means of support, an idle person 
living without employment and in need of sustenance; a per- 
son without fixed domicile who wanders about the streets, pub- 
lic squares and public places, uninhabited buildings, sheds, etc., 
who is not able to satisfactorily account for such conduct; 
any person whose appearance, conduct or behavior indicates 
to a reasonable person exercising ordinary care and discre- 
tion that such person or persons will in all likelihood become 
a vagrant or vagrants and a burden upon the City of Houston, 
or any community into which they go. (ld., Sec. 2.) 


Sec. 895. Penalty—Any common carrier, either by rail, 
water or otherwise, their agents or employees, who shall vio- 
late the provisions of Section 8938, shall, upon conviction there- 
of in the Corporation Court, be fined in any sum not less than 
Five Dollars ($5.00) nor more than Two Hundred Dollars 
($200.00), provided, that the bringing into Houston of indi- 
gent persons in violation of Section 893 shall be an offense 
upon the part of the officers of such common carrier, so violat- 
ing said section, as well as upon the part of the carrier itself 
and its agents and employees thus offending. (Id., Sec. 3.) 


Sec. 896. Circuses Prohibited Between Certain Dates— 
That there shall be no circus or part of a circus held or con- 
ducted within the City of Houston at any time from the 1st 
to and including the 20th day of November in any year, and 


of the City of Houston 295 


any and all circuses or part of circuses are prohibited from 
exhibiting anywhere within the limits of the City of Houston 
in or during the said time. (Oct. 21, 1907; Ord. Bk. 2, p. 451, 
Sec. 1.) 


Sec. 897. Definition of Circus—That the term circus, as 
used herein, shall not only be construed to mean and embrace 
every show or exhibition commonly known as a circus, but 
shall include menageries, or a combination of circuses and 
menageries. ; 


Sec. 898. Penalty—That any person, corporation, or an 
association of persons, or their agents, or employees, who shall 
conduct or assist in the conduct of, or shall participate or per- 
form in any way in any circus or part of circus, conducted, 
held or exhibited in violation of Section 896, or in any manner 
violate said section, shall be fined not less than One Hundred 
Dollars ($100.00) and not more than Two Hundred Dollars 
($200.00) ; provided, that each exhibition and parade given in 
violation hereof shall constitute a separate offense. (lId., 
Sec. 4.) : 


Sec. 899. Collusion, Etc., in Bidding on Public Improve- 
ments—That it shall be unlawful for any two or more persons, 
firms or corporations, their agents, officers, servants or em- 
ployees, directly or indirectly, to enter into any collusion or 
agreement of any kind, oral or otherwise, by which said per- 
sons, firms or corporations, either, both or all, shall agree to 
refrain from bidding on public improvements to be constructed 
by the City of Houston; or shall agree to submit bids on cer- 
tain work and not on certain other work to be done by the 
City of Houston; or shall in any manner attempt to restrain, 
hinder or influence competitive bids on public work of any 
kind to be done by the City of Houston. (Mar. 238, 1914; Ord. 
Bleep et ec 5) | 


Sec. 900. Penalties—Any person, firm or corporation, and 
the members of any firm and the officers and directors of any 
corporation, who shall violate the foregoing section, or who 
shall suffer or permit, directly or indirectly, any employee, 
agent or servant to violate said section, and any employee, 
agent or servant of such person, firm or corporation, who shall 
violate said section, shall be deemed guilty of an offense, and 
upon conviction shall be fined in the sum of Two Hundred 
Dollars; and in addition to said penalty shall be subject to the 
further penalties contained and set forth in Sections 901 and 
902. (Id., Sec. 2.) 


296 Revised Code of Ordinances 


Sec. 901. Investigation; Witnesses; Rejection of Bids; 
Findings of Council—That the City Council shall have the 
right, if it appears that there has been collusion among bidders 
on any public work to be done by the City of Houston, to in- 
vestigate and ascertain the facts as to the existence or non- 
existence of such agreement or collusion, and for that purpose 
shall have the power to summons witnesses, administer oaths, 
and to do all things necessary to determine the true facts in 
all such cases. The accused parties at such proceedings shall 
have the right to have witnesses summoned, to be represented 
by counsel and to be heard in their own defense of the charges 
brought against them. Should the City Council determine, 
from the evidence before it, that any two or more of the bid- 
ders have entered into an agreement in violation of Section 
899, it shall so declare, and the bid or bids submitted, if any, 
by any such person or persons, shall be rejected by the Coun- 
cil. The findings of the City Council shall set forth the names 
of all persons, firms or corporations found guilty by it of said 
charge of collusion, and shall declare said bidder or bidders — 
forever precluded and barred from doing any public work 
under contract with the City of Houston and from submitting 
bids therefor, and from holding any employment or office of 
emolument whatsoever in the pay of the City of Houston. Said 
findings shall be set forth in the form of a resolution, which 
shall be recorded in the minutes or journal of the Council as 
a permanent record. (lId., Sec. 3.) 


Sec. 902. City Engineer Not to Deliver Bidding Sheets, 
Etc., to Guilty Parties—It shall be unlawful for the City En- 
gineer, after any such bidder shall have been found guilty by 
the City Council of such collusion or agreement prohibited 
by Section 899, knowingly to deliver or to permit to be deliv- 
ered to any such person, firm or corporation, their employees, 
officers or agents, any bidding sheets, plans or specifications 
for public improvements to be constructed by the City of Hous- 
ton. Fora violation of this section the Citv Engineer shall be 
subject to removal from office by the Mayor and City Council. 
(Id., Sec. 4.) 


of the City of Houston | 297 


CHAPTER XXxXI. 
Public Safety. 


Sec. 903. Horse Racing in City Limits—Any person who 
shall run, or be in any way concerned in running, any horse 
race in, along or across any public square, street or alley in 
this city, along or across any public road within the limits 
of this city, shall be fined in a sum not less than Twenty-five 
nor more than One Hundred Dollars. (Code 1904, Art. 580.) 


Sec. 904. Breaking Horses or Mules on the Streets—Any 
person who breaks, or attempts to break, any horse upon the 
streets, or who shall exercise in harness, or attempt to exer- 
cise in. harness, any wild or unruly horse or mule upon the 
streets, must be fined not less than One nor more than One 
Hundred Dollars. (Id., Art. 633.) 


Sec. 905. Driving Cattle, Etc., Through City, Unlawful; 
Proviso—It shall be unlawful to drive cattle, horses, mules, 
hogs, sheep and goats into or through the City of Houston, or 
in, or over the streets and ways of said city; providing, how- 
ever, that nothing in this section shall be so construed as to 
prevent the driving of cattle, horses, mules, hogs, sheep and 
goats where same are driven or led by means of a rope, halter, 
strap lines or other physical means of control and restraint 
such that said animals can be controlled by the person in 
charge thereof. (May 15, 1911; Ord. Bk. 3, p. 30, Sec. 1.) 


Sec. 906. Penalty—Any person, firm or corporation who 
shall violate the next preceding section shall be deemed guilty 
of a misdemeanor and, upon conviction thereof in the Corpo- 
ration Court, shall be fined in any sum not less than Five Dol- 
lars ($5.00). nor more than Fifty Dollars ($50.00). (Id., 
Sec. 2.) 


Sec. 907. Unlawful for Dogs to Be at Large—It shall be 
unlawful for any dog to be at large upon the streets, alleys or 
public grounds of the City of Houston, in violation hereof. And 
any dog on the streets, alleys or public grounds of said city 
shall be at large in violation of this chapter, except a dog un- 
der control of his master or agent by means of a chain, rope 
or cord of sufficient strength to control the action of said dog, 
or such other personal presence and attention as will reason- 
ably control the conduct of said dog; and the payment of a li- 


298 Revised Code of Ordinances 


cense fee as hereinafter provided shall not be construed as a 
license to run at large. (June 7, 1909; Ord. BK pow 
Sec. 1.) 


Sec. 908. Duty Police to Take Up, Etc., Dogs at Large— 
It shall be the duty of the Chief of Police or other police of- 
ficer to take up and take charge of any and all dogs found at 
large in the streets, alleys and public grounds of the City of 
Houston in violation of the preceding section. (id., Sec. 2.) 


Sec. 909. License Fees on Dogs—That it shall be the duty 
of the owner of each and every dog in the City of Houston 
to pay to the Chief of Police of said city a license fee of Two 
Dollars ($2.00) annually. That upon the payment of said 
fee it shall be the duty of the Chief of Police to furnish the 
owner paying same with a plate upon which shall be a number 
corresponding with the name of the person registering said 
dog, and the year in which said registration is made. (Id., 
Sec. 3.) 


Sec. 910. Disposition of Dogs Taken Up, Etc.—It shall 
be the duty of the Chief of Police or other police officer taking 
up dogs at large in violation of this chapter, except as herein- 
after provided, to carry said dogs to the Police Station, or 
other suitable place, there to be impounded and detained for 
a period of three (3) days. That as soon as possible notice 
_ shall be posted at the door of said Police Station describing 
each of said dogs, whether bearing a tag or not, and giving 
the number of the tag and the name of the owner in each 
case where the dog bears the license tag, and it shall be the 
duty of said Chief of Police or other policeman to notify by 
letter, postal card or telephone, the owner of all dogs regis- 
tered and bearing the license tag in accordance with this 
chapter. The mailing of said postal card or letter shall be 
deemed sufficient notice whether the person addressed shall 
receive same or not. (Id., Sec. 4.) 


Sec. 911. When Police Shall Deliver Dogs to Owner— 
It shall be the duty of the Chief of Police or other police offi- 
cer to deliver to the owners thereof or their agents all dogs 
thus taken up and advertised, when said application shall have 
been made within three (3) days from the date of impounding 
of said dogs, upon the payment by said owner or his agent of 
the sum of Two Dollars ($2.00) for each and every dog im- 
pounded in accordance with this chapter, providing that dogs 
bearing the proper tag shall not be subject to said payment 
of Two Dollars ($2.00), but shall be delivered to the owner 


of the City of Houston 299 


or his agent upon application without said payment. (Id., 
pecan.) 


Sec. 912. Dogs Impounded and Not Redeemed to Be 
Sold—It shall be the duty of the Chief of Police or other police 
officer to offer for sale at public outcry any and all dogs im- 
pounded under the terms of this chapter and not redeemed 
within three (3) days, and to sell the same for cash, provided 
that no dog shall be sold for less than Two Dollars ($2.00). 
(Id., Sec. 6.) 


Sec. 913. Dogs Not Redeemed or Purchased to Be 
Killed—It shall be the duty of the Chief of Police or other 
police officer to cause all dogs not redeemed or purchased as 
provided herein, to be killed. And it is hereby made the duty 
of the Chief of Police or other police officer, if at the time 
of said sale no purchaser can be found, to dispatch and kill 
each of said animals, and to deposit the carcasses in such place 
. as may be designated for such matter. (Id., Sec. 7.) 


Sec. 914. Police to Kill Dogs With Hydrophobia, Etc.— 
It is hereby made the duty of the Chief of Police or other po- 
lice officer of the City of Houston to kill and exterminate any 
and all dogs at large, when said dogs are, or appear to be, af- 
fected with hydrophobia, mange or other infectious, contagi- 
ous or dangerous disease, provided, that it shall not be neces- 
sary to impound or advertise such dogs by posting notice, or 
otherwise, but it shall be the duty of said police officer to kill 
and exterminate any and all such dogs instanter, except those 
affected or appearing to be affected with hydrophobia, which 
shall be so killed after diagnosis accurately made, as provided 
in Section 495. (Id., Sec. 8.) 


Sec. 915. Penalty—Each and every owner of a dog run- 
ning at large in the streets, alleys, or public grounds of the 
City. of Houston in violation of the next preceding eight sec- 
tions shall be deemed guilty of an offense, and upon conviction 
thereof in the Corporation Court shall be fined in any sum 
not less than One Dollar ($1.00) nor more than Fifty Dollars 
($50.00), provided, that each day the said dog shall run at 
large in violation of said sections shall be deemed a separate 
offense. (Id., Sec. 9.) 


Sec. 916. Dogs With Mange Prohibited From Running 
at Large—That it shall be unlawful for the owner of any dog 
afflicted with the mange, or any person having the control of 
any such dog to allow such dog to run at large in the streets 


300 Revised Code of Ordinances 


of the City of Houston. (June 12, 1905; Ord. Bk. 2, p. 200, 
Sec. 1.) 


Sec. 917. Penalty—Any person violating the terms of the 
foregoing section shall, upon conviction thereof, be fined in 
any sum not less than One nor more than Ten Dollars. (Id., 
Sec. 2.) ; 


Sec. 918. Duty of Police to Kill—lIt shall hereafter be 
the duty of any police officer of the City of Houston to kill 
and exterminate any dog afflicted with the mange which he 
may find running at large in the streets of the City of Hous- 
ton; provided, however, that Section 916 shall not apply to 
any dog which is being led by its master while on such streets. 
(Id., Sec. 3.) 


Sec. 919. Disposition of Moneys Collected for Dogs—Al|l 
moneys collected from licenses for dogs shall be paid to the 
City Assessor and Collector, or to the City Treasurer, as may 
be prescribed by ordinance. (Code 1904, Art. 813.) 


Sec. 920. Animals Must Not Be Tied, Etc., so That They : 
Can Get on the Sidewalk or Street—Any person who shall ' 
stake, tie or hobble any animal whatsoever on any lot of which 
he is not the owner, or on any lot or block within the limits 
above defined in such a manner as to allow such animals to 
go upon the adjacent sidewalk or street must, on conviction, 
be fined not less than One nor more than One Hundred Dollars. 
(Id., Art. 817.) 


Sec. 921. Driving Animals Over Bridges Faster Than a 
Walk—Any person who drives, or causes to be driven, any 
drove of cattle, horses or mules, or any horse, mule or animal 
of like kind, over any of the public bridges in the city at any 
gait faster than a walk, must be fined not less than One nor 
- more than One Hundred Dollars. (Id., Art. 808.) 


Sec. 922. Duty of Driver in Case of Collision—If any ac- 
~cident or injury shall happen by reason of any collision of 
carriage with carriage, or carriage with horseman, or with 
other persons, it shall be the duty of the carriage drivers mu- 
tually to stop and render all needful assistance, and, upon be- 
ing requested so to do, to give his name, place of abode, and 
the license number of his carriage, if licensed, to the person 
so requesting. (lId., Art. 945.) 


Sec. 923. Iritoxicated Drivers—It shall be unlawful for 
the driver of any carriage to drive through the streets of the 


of the City of Houston 301 


city while in a state of intoxication, and it shall be the duty 
of the Chief of Police and any policeman to arrest such driver 
immediately, and take him from his carriage, and take the 
carriage to the nearest livery stable. (Id., Art. 846.) 


Sec. 924. Penalty—Every driver of any vehicle who shall 
violate any of the next two preceding sections shall, on con- 
viction, be punished by a fine of not less than Five Dollars, 
and not more than Fifty Dollars for each and every effense. 
(Id., Art. 866.) 


Sec. 925. Must Keep to Right—That all drivers, chauf- 
feurs or others in charge of any wheeled vehicle, sledge, or 
rider, shall keep to the right hand side of center line on any 
and all streets of the City of Houston. (Id., Art. 869.) 


Sec. 926. Bicycles Shall Have Lamps, Gongs, Etc.—Any 
person riding a bicycle at night is required to have a lighted 
lamp on his bicycle, and to have a gong or whistle, with which 
he shall be required to give an alarm to warn persons on the 
streets of his approach, and thereby prevent collisions. (Id., 
Art. 872.) 


Sec. 927. Penalty for Violation—If any person shall fail 
to conform to the requirements of, or shall violate the pro- 
visions of, the preceding sections of this chapter for which 
other penalty is not provided, he shall be fined not less than 
Five nor more than Fifty Dollars. (ld., Art. 873.) 


Sec. 928. Wantonly Causing Collision of Vehicles—Any 
person who wantonly, wilfully, maliciously or carelessly causes 
or suffers any railroad car, carriage, wagon, cart, dray, bicycle 
or other vehicle, or any animal, to come in collision with any 
vehicle, animal or person, must be fined not less than One nor 
more than One Hundred Dollars. (Id., Art. 634.) 


Sec. 929. Use of Air Guns, “Nigger Shooter,”’ Etc., Pro- 
hibited—That any person who shall shoot an air gun, “nigger 
shooter,” or catapult, or such like device, or shall hurl or throw 
any missile by the use of any air gun or implement having 
rubber as motive power, in or across or near to any public 
square, street or alley within the limits of Houston, shall be 
fined any sum: not exceeding One Hundred Dollars. (Code 
1904, Art. 669.) 


Sec. 930. Discharging Missiles—Any person who dis- 
charges gravel, marbles, shot or anything out of a gravel shoot- 
er, blow gun, rubber sling, or other device or implement of like 


302 Revised Code of Ordinances 


kind or character, in or across, or near to any public square, 
street or alley within the city limits, must be fined not less 
than One nor more than One Hundred Dollars. (Id., Art. 640.) 


Sec. 931. Carelessly Using Lights in Stables or Barns— 
Any person who carries or makes use of any lighted candle or 
lamp in any stable or barn without having the same secured 
in a safe lantern, must be fined not less than One nor more 
than One Hundred Dollars. (Id., Art. 635.) | 


Sec. 932. Depositing Ashes in or on Wood—Any person 
who places or puts ashes in a wooden receptacle of any kind 
in a dwelling house, warehouse or other building, or upon any 
wooden floor, must be fined not less than One nor more than 
One Hundred Dollars. (Id., Art. 636.) 


Sec. 933. Endangering Cotton or Other Inflammable Ma- 
terial—Any person who carries any burning coal, or brand, 
or lighted cigar, or pipe, into any warehouse or other building 
in which cotton or other inflammable material is stored, com- 
pressed or ginned, must be fined not less than One nor more 
than One Hundred Dollars. (ld., Art. 637.) 


Sec. 934. Refusing or Neglecting to Remove Dangerous 
Structures—Any person who neglects or refuses for twenty- 
four hours to remove any chimney, wall or other part of any 
_ building or structure which has become or may be dangerous 
to passersby, to persons on the premises, or to adjoining prop- 
erty, after receiving due notice to do so from the Mayor, or 
other authorized city officer, must be fined not less than One 
nor more than One Hundred Dollars. (lId., Art. 641.) 


Sec. 935. Leaving Wells, Cisterns, Etc., Open—Any per- 
son who permits, on premises owned or occupied by him, any 
well, cistern or other excavation to remain open or uncovered, 
to the danger of others, must be fined not less than One nor 
more than One Hundred Dollars. (Id., Art. 642.) 


Sec. 936. Barbed Wire Fences Prohibited—That all per- 
sons are hereby prohibited from placing barbed wire fences 
around their property and premises within the corporate lim- 
its of the City of Houston. (Id., Art. 663.) 


Sec. 937. Penalty—Any person violating any of the provi- 
sions of the preceding section shall, upon conviction, be fined 
in any sum not less than One Dollar nor more than One Hun- 
dred Dollars, and each day such fence shall remain shall be 
deemed a separate offense. 


of the City of Houston Renee OUG 


Sec. 938. Possessing Burglarious Instruments, Etc.—Any 
person who has in his possession any implement or instrument 
designed and intended by him to aid in the commission of a 
burglary or larceny, or for picking a lock, must be fined not 
less than One nor more than One Hundred Dollars. (Id., 
Art. 651.) 


Sec. 939. Tramps—Any able-bodied person over sixteen 
years of age who is found begging or subsisting upon charity ; 
or who enters, or who attempts to enter any dwelling house, or 
go upon the premises of another against the will of the owner, 
occupant or person in charge thereof, or having entered any 
house or gone upon such premises persists in remaining 
against the consent of the owner, occupant or person in charge 
thereof; or who takes possession of any school house, out- 
house or other building, either public or private, for the pur- 
pose of spending the night therein; or who shall kindle a fire 
in such building or on the land of any person, or on any street, 
public highway or common, shall be considered a tramp and 
must be fined not less than One nor more than One Hundred 
Dollars, and may also be required to give bond in such sum 
as the Mayor may require for good behavior, and to keep the 
peace for six months, and in default of such bond, with sure- 
ties, may be committed to jail. (Id., Art. 656.) 


Sec. 940. Keeping Opium Resorts—It shall be unlawful 
for any person to keep a house, room or other place of resort 
within this city which persons may visit or frequent for the 
purpose of smoking opium, or indulging in the use of that drug 
in any form; and any person so offending must be fined in a 
sum of not less than Twenty-five nor more than One Hundred 
Dollars. (lId., Art. 670.) 


Sec. 941. Renting Premises for Opium Resorts—Any per- 
son or persons who shall rent or hire any house, tenement or 
premises to be used as a resort for the smoking or other use 
of opium, shall, on conviction thereof, be fined in a sum of not 
less than Twenty-five nor more than One Hundred Dollars for 
each and every offense. (Id., Art. 671.) 


Sec. 94la. Throwing of Patent Medicine in Yard—The 
throwing of medicine, patent or otherwise, into private yards 
or streets in the City of Houston, as an advertisement, or for 
other purposes, is hereby prohibited. 


Sec. 941b. Penalty—Any one violating the above provi- 
sions shall, on conviction, be fined in any sum not less than . 
Five nor. more than One Hundred Dollars. 


304 Revised Code of Ordinances 


CHAPTER XXXII. 
Public Schools. 


Article 1.—Advisory Board to Trustees, Etc. 
2.—General Provisions. 


ARTICLE 1. 
ADVISORY BOARD TO TRUSTEES OF THE SCHOOL BOARD. 


Sec. 942. Creation of Board; Powers and Duties—That 
there is hereby created an Advisory Board to the Trustees of 
the School Board of the City of Houston consisting of three 
women, who shall have the right to be present at all regular 
and special meetings of said board and to advise with, make 
suggestions to and be heard by said board upon all questions 
concerning the conduct, management, government and control 
of the public schools of said city and shall have the right, and 
it is made their duty, singly or as a board to visit any and all 
public schools of said city during school hours, or during re- 
cess, for the purpose of observing how the same are conducted, 
managed and controlled, and to advise themselves of the needs 
thereof and the improvements that should be inaugurated 
therein in order that it may perform the duties hereinbefore 
placed upon it and its members. (June 2, 1913; Ord. Bk. 3, 
p. 365, Sec. 1.) 


Sec. 943. Qualifications; Contracts—That the members 
of said Advisory Board shall be over the age of twenty-one 
and residents of the City of Houston, and shall serve without 
compensation, and shall not be interested, directly or indi- 
rectly, in any contract, or claim, or demand of any character 
against the School Board of the City of Houston, and should 
any member of said Advisory Board become interested in any 
such contract, claim or demand, or should buy or sell any 
school warrants or obligations of said board, or should have 
any interest in any such claims or obligations they shall be 
subject to removal by the City Council. (Id., Sec. 2.) 


Sec. 944. Appointment, Etc.—That at the first regular 
meeting of said Trustees of the School Board during the month 
of June and biennially thereafter at the first regular meeting 
of said board during the month of June, the Mayor of said 


Rooper 
a. 


of the City of Houston . 305 


city shall nominate to said trustees the women to be members 


of said Advisory Board, who shall be confirmed by said trus- 
tees, and if not confirmed the Mayor shall nominate others un- 
til three are confirmed, who shall thereupon become members 
of said Advisory Board, and upon taking the oath of office 
required by law they shall hold their said office until their 
successors have duly qualified. (ld., Sec. 3.) 


Sec. 945. Term of Office; Removal—That the members 
of said board, like all other appointive officers of the City of 
Houston, shall hold their office subject to be removed at any 
time by the Mayor. (Id., Sec. 4.) 


ARTICLE 2. 
GENERAL PROVISIONS. 


Sec. 946. All Public School Houses and Buildmgs Under 
Control of City Authorities—All public schools and public 


school houses within the limits of the City of Houston are, and 


shall be, in charge of and under the exclusive control of the 
corporate authorities of the City of Houston. (Code 1904, 
Art. 940.) 


Sec. 947. Duties and Powers of Board of Trustees—The 
School Trustees shall have charge of all school houses provided 
for the public schools of the city, together with all school fur- 
niture; they shall see that the same are properly cared for and 
kept in repair and insured for a reasonable amount, the cost 
of all of which shall be paid by the Treasurer, upon the order 
of the Trustees, approved by the Mayor, out of the city public 
school fund. The Trustees shall cause all teachers to keep 
such school houses as they use clean and in good order; they 
shall also provide all needful fuel for use of the schools, and 
provide for all proper contingent expenses. (ld., Art. 941.) 


Sec. 948. Additional Powers and Duties—The Trustees 
are authorized to rent out the school houses for private school 
purposes, at such rates as they may deem proper, for the time 
they may not be occupied by the public schools, and the money 
received as rent for the same shall be paid by the Trustees to 
the City Treasurer, to form a part of the public school fund. 
It shall be the duty of the school trustees to provide the neces- 
sary furniture for all public school houses in the city. The 
Trustees shall, at least as often as once a month, visit the 
different public schools and inspect the management of the 
same. (Id., Art. 942.) 


306 Revised Code of Ordinances 


Sec. 949. Trustees Shall Employ Teachers by Written 
Contract—The Trustees shall employ as teachers only persons 
of good moral character and habits, and who hold a certificate 
of competency issued by the Board of Examiners, to teach in 
the public schools of the city. (Id., Art. 943.) 


Sec. 950. Certificate of Character—Any person desiring 
to teach in the public schools of the city shall present a cer- 
tificate, satisfactory to the Mayor, that he or she is a person 
of good moral character and of correct and exemplary habits. 
The Mayor shall thereupon, unless satisfied that some good 
cause exists for rejecting such certificate, certify such person 
to the Board of Examiners for examination of the applicant 
in the branches of study prescribed by the laws of the State 
of Texas relating to public schools. (Id., Art. 944.) 


Sec. 951. Certificate of Competency—On report of the 
Board of Examiners that the applicant is competent to teach 
the branches named in the preceding section, said board shall 
issue a certificate of competency to the teacher, authorizing 
him or her to teach in the schools contemplated by this chap- 
ter. A teacher’s certificate may be canceled on account of any 
misconduct or immorality, which the Board of Trustees shall 
report to the Mayor as disqualifying the teacher, in their opin- 
ion, for the instruction of children. (lId., Art. 945.) 


Sec. 952. Teachers’ Record—lIt shall be the duty of teach- 
ers to keep an accurate record of the daily attendance of each 
pupil, and all other statistics required by the Board of Educa- 
tion of the State necessary to make a complete report. at the 
end of the term, or whenever called for, which report shall be 
‘made and filed with the Superintendent of Schools. (Id., 
Art. 946.) 


Sec. 953. Scholastic Days—That the public schools of the 
city shall be taught for five days in each week, and shall be 
closed on every Saturday and Sunday, and on such holidays as 
may be agreed upon by the Board of Trustees. (Id., Art. 947.) 


Sec. 954. Scholastic Year—The scholastic year for the 
public schools of the city shall be the same as defined in the 
State law for the public schools of the State, and the public 
schools of the city shall open at such time as the Board of 
Trustees may determine, and continue for nine scholastic 
months, exclusive of Christmas vacation. (Id., Art. 948.) 


Sec. 955. Scholastic Age, Etc.—All children between the 
ages of eight and eighteen years, living in the city, shall be 


of the City of Houston | 307 


entitled to the benefit of the available public school fund of the 
city under this chapter, without regard to race or color. No 
child shall be admitted in the public schools of the city who 
does not reside in the city, and white and colored children 
shall in all cases be taught in separate schools. (lId., Art. 949.) 


Sec. 956. Pupils Over and Under Age—Pupils who are 
over or under the scholastic age may be taught in the public 
schools of the city upon the payment of a tuition fee. The 
Trustees of the public schools shall fix the rate of tuition to be 
charged, not to exceed four dollars per month, and they are 
authorized to make such necessary regulations in regard to 
the collection of the same as may seem to them to be right and 
proper, and they are required to pay over the same, when 
collected, to the City Treasurer, to form part of the public 
school fund. (ld., Art. 950.) 


Sec. 957. Branches of Study—The branches of study to be 
pursued in the public schools shall be such as may be directed 
by the Trustees and Superintendent. (lId., Art. 951.) 


Sec. 958. Superintendent of Public Schools—The Mayor 
shall, at the first regular meeting of the City Council in June 
of every second year, or as soon thereatter as practicable, 
appoint, subject to confirmation by the City Council, a Super- 
intendent of the Public Schools of the city, who shall hold his 
office for the term of two years from said first Council meet- 
ing in June, and until his successor shall have been appointed 
and qualified. (Id., Art. 952.) 


Sec. 959. Salary of Superintendent—Said Superintendent 
shall receive an annual salary not to exceed $4000 per annum, 
payable in monthly installments, out of the city public school . 
fund by the City Treasurer. (Art. 953.) 


Sec. 960. Duty of Superintendent—Said Superintendent 
shall, under the direction of the Board of Public School Trus- 
tees, arrange and supervise all the details for the management 
of the public schools; shall attend to the instruction of teachers - 
in said schools; shall, subject to the approval of the Board of 
Trustees, determine the text books to be used in all the public 
schools, and shall perform such other duties as may from time 
to time be prescribed by the said Board of Trustees or by the 
City Council. (Id., Art. 954.) 


Sec. 961. School Fund—AIl money which may come into 
the city treasury from the State school fund for school pur- 
poses, and all which may be available from any source for 


308 Revised Code of Ordinances 


such purpose, shall be and the same is hereby specially set 
apart as a separate fund for the use and benefit of the public 
schools of this city, to be used for the support of said schools 
herein provided for, and under the regulations and conditions 
prescribed in this chapter, or which may be prescribed by the 
City Council. (Id., Art. 955.) 


Sec. 962. Donations Form Part of School Fund—Any 
money which may be donated by the Trustees of the Peabody 
Fund, for the benefit of the public schools of the City of Hous- 
ton, shall form a part of the public school fund, or the same 
may be used for the benefit of said schools in such manner as 
may be indicated by the donors. (lId., Art. 956.) 


Sec. 963. Payment of Salaries—The amount contracted to 
be paid by the Trustees to a teacher shall be paid monthly by 
the City Treasurer, on pay roll approved by the Mayor and 
Superintendent. (Id., Art. 957.) 


Sec. 964. Bond of Treasurer for School Fund—tThe public 
school fund for the public schools of the city shall be placed 
with the City Treasurer, to be in his keeping, and the Treas- 
urer shall, before receiving into his possession any of said 
funds, execute to the City of Houston a separate bond in the 
sum of Twenty Thousand Dollars, with two or more good and 
sufficient securities, to be approved by the City Council, con- 
ditioned that he will safely keep, and -well and truly account 
for, all moneys which shall be placed with him belonging to 
the public school:fund of the city, and will only disburse the 
same as provided for in this chapter, or as may be directed by 
the City Council. (Id., Art. 958.) 


Sec. 965. Janitors, Etc., Vested With Power of Police Of- 
ficers, When and Where—That each and every person now or 
hereafter employed by the City of Houston and occupying the 
position of janitor in and at the various school buildings in 
the City of Houston be, and the same are, and their successors 
shall be, vested with the full power of police officers while on 
the premises of such school. (Dec. 17, 1913; Ord. Bk. 3, p. 578, 
mecss La) 


Sec. 966. Powers—That such janitors shall have all the 
powers and authority of regular police officers of the City of 
Houston while on the premises of such schools, with full power 
to prevent, suppress and arrest all offenders against the ordi- 
nances of the City of Houston in or at such schools, or upon 


of the City of Houston 309 


the premises attached thereto, and to pursue and arrest the 
offenders. (Id., Sec. 2.) 


Sec. 967. No Additional Salary—That such janitors shall 
receive no additional salary from the City of Houston for per- 
forming the duties hereby imposed upon them, but said duties 
shall be cumulative of and in addition to the duties now im- 
posed upon them as janitors in and at said schools. (Id., 
Sec. 3.) 


Sec. 968. No Bond Required—The bond required of regu- 
lar police officers shall not be required of said janitors, but 
they and their successors shall, by virtue of their appointment 
as janitor and of the next three preceding sections, be vested 
with the powers herein granted while on the premises of said 
schools. (Id., Sec. 4.) 


27 


310 Revised Code of Ordinances 


CHAPTER XXXIII. 
Pablicsutilities! 


Article 1.—Public Service Commissioner. — 
2.—Gas. 
3.—Electric Light and Power. 
4,—Telephones. * 


ARTICLE 1. 
PUBLIC SERVICE COMMISSIONER. 


Sec. 969. Creation of Office, Etc.—That there is hereby 
created the office of Public Service Commissioner of the City 
of Houston. Such officer shall be appointed by the Mayor 
and confirmed by the City Council, and shall hold his office for 
no fixed term, but shall always be subject to removal by the 
Mayor, or may be removed by the City Council. He shall be 
paid such salary as shall be agreed on by the Mayor and Coun 
cil, and his salary and all expenses of his office shall be paid 
out of the annual franchise charges paid into the treasury of 
the City of Houston by the Public Service Corporations of the 
City of Houston. Said Public Service Commissioner shall pos- 
sess such powers and duties as are hereinafter given. (May 
15-1911: Orde Bhs peo2eoec. ls) 


Sec. 970. Powers and Duties—The Public Service Com- 
missioner shall have general supervisory authority over the 
public service corporations operating under municipal author- 
ity, and over the performance of their duties to the city and 
the public; and he shall particularly possess the powers and 
perform the duties herein defined. 

First: It shall be his duty particularly to have in record 
form in his office, so that the information may be readily avail- 
able on short notice, copies of all franchises and ordinances 
under which each public utility is being operated; also a state- 
ment and plans and maps showing the plant and system: in 
detail of each of the public utility companies operating in Hous- 
ton, showing the extent thereof, with the date of erection, and 
dimensions of each part thereof; and he shall also make and 
keep an estimate of the probable cost of replacing the system 
and each part thereof; and shall keep a record of the better- 
ments, extensions and additions made to the public utility sys- 


of the City of Houston paul 


tem each year with the estimated cost of replacement. Where 
the information desired by the Commissioner is not available 
from the annual reports filed by the public utility corpora- 
tions, he shall apply to the manager, superintendent or other 
person in charge of such public utility company in Houston, 
for such information, and if not furnished within a reasonable 
time, it shall be a separate offense for each day thereafter the 
information is not furnished, both in the corporation and in 
the manager, superintendent or other person in charge of said 
public utility company, and on conviction therefor in the Cor- 
poration Court, both such corporation and such person shall be 
fined in any sum not less than Fifty Dollars ($50.00) and not 
more than Two Hundred Dollars ($200.00) for each day of 
such delay. A delay of more than two (2) months in furnish- 
ing such requested information shall, in every case, be held to 
be an unreasonable delay, but liability shall exist for a lesser 
delay if same is unreasonable. 

In the event that such information is requested of any cor- 
poration, at any time, by said Public Service Commissioner, as 
in the opinion of the corporation is unreasonable, owing to the 
cost or inability of the corporation to furnish same, then the 
corporation shall, upon its filing a written protest upon said 
Commissioner within‘ten (10) days after the information is so 
requested have the privilege in the event the said Commission- 
er further insists upon receiving the information, of applying 
to, and being given a hearing by, the City Council for a deci- 
sion as to whether or not the information so requested by the 
said Commissioner shall be supplied; and the time specified in 
this paragraph within which the information shall. be fur- 
nished shall date from day of the decision by the City Council, 
if their decision be the information shall be furnished. 

Second: It shall be the special business of the Public Serv- 
ice Commissioner to know, and to have copies available of 
every law affecting the performance of the duties of the public 
utility companies; of all ordinances affecting said companies 
or the performance of their duties; of the provisions contained 
in the franchises of each of the public utility companies spe- 
cially affecting the performance of their duties; and he shall 
know and have a copy of the Rules and Regulations of each of 
the public utility companies; and shall know their modes of 
doing business, and shall keep a written statement of their 
modes of doing business; and particularly with respect to the 
installation of the public utilities in private residences and 
in places of business, and the terms on which this is done; the 
extension of the public utility service beyond its present radius, 


B12 Revised Code of Ordinances 


and the terms on which this is done; the collection of amounts 
due the public utility company, and the manner in which this 
is done; the making of repairs or correction of defects in the 
service, and the manner and terms on which this is done; the 
placing of poles in the street by the public utility companies ; 
the manner in which the furnishing of transfers on street cars 
is done, the furnishing of half fares on street cars to children 
or other persons entitled thereto; the furnishing of seats to. 
passengers by street car companies, and of sufficient cars to 
adequately transport the public offering to ride; the mainten- 
ance of a proper schedule; the manner of using the streets and 
of placing new tracks therein by street car companies; and 
said Commissioner shall see that steam or other railroads 
enjoying franchises in any of the streets of the City of Hous- 
ton, to Which certain duties are attached, are adequately per- 
forming those duties, and generally he shall acquaint himself 
with all matters affecting the performance of public services 
by each of said companies; and all of this information, as to 
each of the public utility companies, shall be classified and ar- 
ranged so as to be available at any time. 


Third: It is made the particular duty of the Public Service 
Commissioner to see to it that all laws and ordinances for the 
promotion of good service are enforced. 


Fourth: Said Public Service Commissioner shall keep a 
list of every public service corporation, and of every person 
subject to pay any annual dues to the city on account of fran- 
chises, and shall see to it that such dues and all taxes, etc., are 
paid each year into the treasury of the city, and that all serv- 
ices or benefits agreed to be furnished the city by any person 
or corporation enjoying a public franchise, are furnished; and 
that no person or corporation enjoying a franchise is setting 
up any claim of title or ownership to any property of the City 
of Houston. 


Fifth: The Public Service Commissioner shall make an an- 
nual report to the Mayor and Council on the first day of March 
of each year of the operation of his department for the preced- 
ing year, and may make suggestions as to any particulars in 
which the services rendered might be improved, and may sug- 
gest needed rules and regulations tending to the betterment of 
the service and elimination of controversies between the pub- 
lic service companies and their customers. i 

Sixth: It is particularly made the duty of the Public Serv- 
ice Commissioner to entertain and investigate all complaints 
relating to, or in any manner affecting service, made by citi- 


of the City of Houston 313 


zens against any of the public service corporations operating 
in the City of Houston, and where investigation shows such 
complaints are well grounded, the Commissioner shall take the 
matter up with the management of the public service corpora- 
tions and obtain a just and satisfactory adjustment of the mat- 
ter; but no citizen shall apply to the Commissioner until he 
has first applied in writing to the executive managing officer 
of the public utility company, stating the nature and cause of 
his complaint, and failed for a reasonable time to obtain re- 
dress; nor shall the Commissioner investigate or act on any 
complaint unless the citizen has first applied in writing to the 
executive managing officer of the public utility company for 
redress, as herein provided, and has failed to secure the same, 
nor shall the Commissioner entertain any complaint unless 
the same is in writing, stating the nature thereof, and giving 
the full name and address of the complainant. (Id., Sec. 2.) 


Sec. 971. Upon Refusal of Service, Application May Be 
Made to Commissioner—lIn every case where a person living 
beyond the radius of any of the public service systems, as es- 
tablished, in the City of Houston, desires to obtain the bene- 
fits of connection with the public service system, and is unable 
on application to the executive or managing officer of the pub- 
lic service corporation to obtain such service on such terms as 
are reasonable and just, he can make application to the Public 
Service Commissioner, who shall in such case investigate care- 
fully into the matter and take same up with the public service 
corporation with a view of obtaining such service on such 
terms as are reasonable and just to all parties concerned. (Id., 
Sec. 7.) ? 


Sec. 972. Commissioner to Keep Record Meters Tested— 
The Commissioner of Public Utilities shall keep a record of 
each meter tested and of the results of same, and shall embody 
same in his report to the Mayor and Council. | | 

All tests required by this chapter to be made by the City 
Electrician or Plumbing Inspector shall be made before the 
work is covered up and concealed. (ld., Sec. 8.) 


Sec. 973. Officers of Corporations Also Affected—In 
every case, where in this chapter a duty is imposed upon a 
public service corporation, said duty is also imposed on the 
manager, superintendent, or person in charge of same, in the 
City of Houston, and in every case where any act is prohibited 
to a public service corporation, said act is also prohibited to the 
manager, superintendent, or other person in charge of said 


314 Revised Code of Ordinances - 


corporation in the City of Houston, and failure to comply with 
any of the requirements of this chapter constitutes an offense, 
not only in the corporation itself, but also in the manager, 
superintendent, or other person in charge locally of the busi- 
ness of said corporation, and upon conviction for violating any 
of the requirements of this chapter where a different penalty 
is not herein named, the corporation or person convicted, or 
both, as the case may be, shall be fined in any sum not less 
than Five Dollars ($5.00), nor more than Two Hundred Dol- 
lars ($200.00) for each offense. Where an offense continues 
through a number of days it shall be a separate offense for each 
day of the continuance thereof.  (Id., Sec. 6.) 


ARTICLE 2. 
GAS. 


Sec. 974. Regulations for Government and Operation of 
Corporations Furnishing Gas—The following regulations are 
established for the government and operation of corporations 
possessing a franchise from the City of Houston, and furnish- 
ing gas for heating or lighting to the citizens thereof: 

1. Every such corporation shall have the right on install- 
ing the appliances of such company in a residence or place of 
business to require the payment to the company of a reason- 
able deposit, to secure the payment of gas to be consumed 
through the meter, such deposit to bear interest at the legal 
rate, so long as retained by the gas company. 

2. The service to a customer shall not, in any case, be cut 
or discontinued for non-payment of a bill for gas furnished, 
unless such bill is for services already rendered, and unless 
five (5) days’ written notice has been given the customer by 
mailing to his postoffice address a notice that the service will 
be cut or discontinued if the bill be not paid by the expiration 
of the five days, such notice to be mailed at least five (5) days 
before the service is cut. 

3. Where a customer living within the radius of the gas 
system, as established, and within 150 feet of any gas main 
measured along the line to be followed in the street, desires 
connection with the service, such connection must be made 
within a reasonable time after written demand or request 
therefor on the manager, superintendent, or other person in 
charge of the business in Houston, and it shall be a separate 
offense, both in the corporation and in the manager, superin- 
tendent, or other person in charge locally of such corporation, 


of the City of Houston 315 


for each day, beyond a reasonable time, that such connection 
is not made. Ordinarily where no extension of mains are re- 
quired, a reasonable time for making gas connections shall be 
from three (3) days to one week. 


By within the radius of the gas system, as established, it is 
meant to include any point to the left or right of one of its 
lines, and any point in the-extension of said line not more 
than 150 feet beyond the present terminus thereof. 


4. Repairs and correction of defects in service must be 
made within a reasonable time after written notice to the 
manager, superintendent, or other person locally in charge of 
the gas company in Houston; and it shall be a separate offense, 
both in the corporation and in the superintendent, manager, 
or other person in charge of the gas company in Houston, for 
each day, beyond a reasonable time, that such delay exists. 
Ordinarily a reasonable time for repairs or correction of de- 
fects in service shall be from one to two days. 


5. Should any customer of the gas company desire to have 
his gas meter tested he shall make application, in writing, to 
the Public Service Commissioner for a test of his meter, ac- 
companying such application with the sum of One Dollar and 
Fifty Cents ($1.50). If the meter shows more than a 2% vari- 
ation as shown by a standard meter prover, and this variation 
is against the customer the customer's bill shall be rebated ac- 
cordingly from his last payment to date of test, and the One 
Dollar and Fifty Cents ($1.50) deposit shall be returned to 
the customer. If the meter shows less than a 2% variation 
against the customer by the standard meter prover, the One 
Dollar and Fifty Cents ($1.50) shall be retained by the Public 
Service Commissioner to reimburse the city for its expenses 
in the premises. Upon said application being filed, an inspec- 
tor shall be despatched to the residence or place of business of 
the complainant; the meter shall then be detached in his pres- 
ence by some person designated by the gas company for that 
purpose, and the inspector and such person shall take the me- 
ter at once to the testing room of the gas company, where the 
meter shall be tested by a standard meter prover of the best 
and most accurate make, approved by the Public Service Com- 
missioner and the City Plumbing Inspector. The customer 
shall have the right to have any competent person to be pres- 
ent and participate in making the test on his behalf; and if he 
desires, he can designate the City Plumbing Inspector to be 
present and act on his behalf in the making of the test, who, 
in such event, shall act without cost or charge to the customer, 


316 Revised Code of Ordinances 


' snd shall see that the test is accurately made, and is in all 
respects correct. If the meter proves defective more than 2% 
it shall be removed and be replaced by another meter, tested 
and shown to be accurate at the time the test is made of the 
defective meter. 


If the meter test shows the meter not to vary from a.correct 
registration more than 2%, and if the customer is still dissat- 
isfied with the registration of gas by the meter, he can, by de- 
positing a fee of One Dollar and Fifty Cents ($1.50) with the 
Public Service Commissioner, obtain a test to be made by the 
City Plumbing Inspector to determine whether or not the gas 
pipes leak on the house side of the meter. Such test shall be 
made by a standard Gas Fitters’ Proving Pump, of approved 
manufacture and design, same to be approved by the Public 
Service Commissioner; and, if said pipes appear on said test 
to leak, it shall be unlawful for the gas company, and the man- 
ager, superintendent, or other person in charge of said busi- 
ness in Houston, to turn, or permit to be turned, the gas into 
said premises or pipes until the said pipes have been made 
sound and the gas company has the certificate of the City 
Plumbing Inspector that the pipes are sufficient and sound and 
that the gas can be turned on. The gas testing device shall 
be furnished by the gas company, and at its expense, but same 
must meet with the approval of both the Public Service Com- 
missioner and the City Plumbing Inspector. 


6. Should it appear at the time the meter test is made, 
or test of pipes is made, or at any other time that the gas pipes 
in a building are leaky or so defective otherwise as to be dan- 
gerous, the Inspector of Plumbing shall notify, in writing, the 
manager, superintendent, or other person in charge of the gas 
company to cut the gas off from said pipes and not to turn 
same on until said pipes are repaired and the gas company has 
the certificate of the City Plumbing Inspector that the pipes 
are sufficient, and that the gas should be turned on. It shall 
be an offense, both in the gas company and in the manager, 
superintendent, or other person locally in charge thereof to 
fail to cut off said gas on the order of the Plumbing Inspec- 
tor, or to turn same on again without his certificate, and it 
shall be a separate offense for each day that the gas is so un- 
lawfully permitted to be on. 


7. Hereafter when gas pipes are installed in’ a house, it 
shall be unlawful for the gas company, and for the manager, 
superintendent, or other person in charge of the gas com- 
pany’s business in Houston, to turn the gas into the said pipes 


of the City of Houston — | 317 


until said pipes have been inspected by the City Plumbing In- 
spector and the gas company has the certificate of that officer 
that the piping is sufficient, and that the gas can be turned 
on, and it shall be a separate offense, both in the gas company 
and in the superintendent, manager, or other person, for each 
day that the gas is permitted to be turned into said pipes with- 
out having said certificate; provided, that if an original instal- 
lation, or if an extension or alteration of any existing gas 
piping in a building is less than twehty-five (25) feet in length, 
and is entirely exposed, it shall not be necessary to obtain an 
inspection by or a certificate from the Plumbing Inspector be- 
fore turning on the gas; provided, that in every case of instal- 
lation or repair of gas pipes in a building the gas company, at 
the time of installation or repair, and before furnishing gas 
through the repaired or installed pipes, shall give to the Plumb- 
ing Inspector a notice in writing, stating the installation or 
repair made, the extent of same; whether covered or uncov- 
ered; the date made; the name of the property owner, and de- 
scription of the property; and it shall be an offense to fail to 
give said notice, in any case, where the facts are known to the 
gas company or its employees: | 

For such inspection a fee of One Dollar ($1.00) shall be paid 
by the owner of the property; and same shall be made before 
the pipes are covered up by cement masonry, planking or oth- 
erwise covered. In making such inspection the Plumbing In- 
spector shall require that all gas pipes be laid to grade so that 
condensation will drain from the system to the gas meter, or 
drips, or pockets, or other place provided, where said condei- - 
sation can be removed. If there are over ten openings ten 
cents additional inspection fee shall be paid for each opening. 

Secondly: The City Plumbing Inspector shall test the pipes 
thoroughly with a gas fitters’ proving pump, and ascertain . 
that they contain no leaks, and he shall see that neither in the 
installation of gas pipes, nor in the repair of same, is any gas 
fitter’s cement, coal tar, putty or other substance used in cov- 
ering up defects in pipes or fittings, but in every case defective 
pipe and fittings shall be taken out and replaced by sound pipe 
and fittings, and said inspector shall see that all pipes installed 
are of ample size for the service required. 

8. The Public Service Commissioner shall, from time to 
time, test the gas furnished to ascertain if the gas being fur- 
nished is up to the standard required by the franchises of the 
gas company; and the gas company shall immediately furnish 
every facility and aid for making these tests whenever re- 
quired. (May 15, 1911; Ord. Bk. 3, p. 32, Sec. 3.) 


318 Revised Code of Ordinances 


Sec. 975. Rate Per Thousand Cubic Feet—That any per. 
son, firm, corporation or receiver engaged in the business of 
selling or furnishing gas to private consumers within the City 
of Houston, Harris County, Texas, shall not charge therefor 
exceeding the rate of $1.10 per thousand cubic feet for all gas 
so sold or furnished; provided, however, that any and all per- 
sons, firms and corporations who shall pay their gas bills on 
or before the 10th day of the month immediately following the 
month in which the gas is used, shall not be charged or re- 
quired to pay exceeding $1.00 per thousand cubic feet for gas 
so furnished and used. (July 1, 1908; Ord. Bk. 2, p. 283, Sec. 1 
Franchise Ordinance July 25, 1910; Cl. 5, Par. 3, Ord. Bk. 2, 
p. 578.) 


Sec. 976. No General Charge for Meters—That no gen: 
eral charge shall be made to consumers for the use of meters, 
but when the gas consumed through any one meter does not 
equal fifty cents in value for any one month, such meters may 
be taken out by the person, firm, corporation or receiver en- 
gaged in the business of selling or furnishing gas, unless the 
consumer pays not less than fifty cents per month for the gas 
consumed and the service of the company in holding NaS ah in 
readiness to supply gas. (lId., Sec. 2.) 


Sec. 977. Consent of Gas Company Required for Indi- 
vidual to Put in Mains—It shall be the duty of the gas com- 
pany to put in all service pipe between the gas mains and me- 
ters, according to terms of their franchise, and no individuals 
or firm shall be permitted to put in any service pipe between 
mains and meters without first obtaining the consent in writ- 
ing from the gas company so to do. (Code 1904, Art. 968.) 


Sec. 978. Gas Companies Shall Furnish First-Class, High: 
Grade Illuminating Gas—FEach and every person, firm, corpo: 
ration or receiver engaged in the business of selling or fur: 
nishing gas to private consumers within the City of Houston, 
Harris County, Texas, shall furnish a good, first-class, high- 
grade illuminating gas, of a quality to give out not less than 
eighteen candle power light. (Code 1904, Art. 971.) 


Sec. 979. Penalty—That any person, firm, corporation or 
receiver, or any agent, officer or superintendent of same, who 
shall knowingly violate the provisions of the four next pre- 
ceding sections shall, upon conviction in the-Corporation Court, 
be fined not less than Twenty-five Dollars and not more than 
One Hundred Dollars. (Id., Sec. 3, and Code 1904, Art. 972.) 


of the City of Houston 319 


Sec. 980. Meddling With Gas Works Property—If any 
person or persons shall wrongfully or maliciously turn on or 
off the gas in any gas pipe leading to the private meters of any © 
house or building, or shall destroy or in any way injure any 
part of the gas works, he must be fined for every such offense 
not less than Ten nor more than One Hundred Dollars. (Code 
1904, Art. 965.) 


Sec. 981. Injuring Gas Works Property—Any person who 
unlawfully, wilfully or maliciously injures, defaces or destroys 
any machinery, lamp, meter, pipe or other fixture belonging 
to or connected with the works of the Houston Gas Light 
Company, must be fined not less than One Dollar ($1.00) nor 
more than One Hundred Dollars ($100.00). (Id., Art. 966.) 

Sec. 982. Interfering With Gas Meters—That any person 
or person interfering in any manner with the meters or gas 
supply of any gas light company in the City of Houston, or 
any person having custody of the gas company’s meters or 
gas supply permitting it to be done without the consent in 
writing from the gas company, shall be guilty of a misde- 
meanor and, upon conviction, shall be fined not more than 
Ten Dollars ($10.00) for each and every offense. (Id., Art. 
967.) 


Arent ire. 
ELECTRIC LIGHT AND POWER. 


Sec. 983. Regulations for Government and Operation— 
The following regulations are established for the government 
and operation of corporations possessing a franchise from the 
City of Houston to furnish electric light and power, and fur- 
nishing electricity for light and power to the citizens thereof: 

1. Every such company shall have the right on installing 
appliances of such company in a residence or place of business 
to require the payment to the company of a reasonable deposit, 
such deposit to bear interest at the legal rate, so long as re- 
tained by the electric company. 


2. Service to the customer shall not, in any case, be cut 
or discontinued for non-payment of a bill, unless such bill is 
for services already rendered, and unless five (5) days’ writ- 
ten notice has been given the customer, by mailing to his 
pestoffice address a notice that the service will be cut or dis- 
continued if the bill be not paid by the expiration of five (5) 
days. Such notice to be mailed at least five (5) days before 
the service is cut. 


320 Revised Code of Ordinances 


3. Where any customer living within a radius of the elec- 
tric light and power system, as established, and within 30¢ 
feet of any line, desires connection with the service, such con- 
nection must be made within a reasonable time after written 
demand or request therefor on the manager, superintendent, 
or other person in charge of the electrical business in Houston, 
and it shall be a separate offense, both in the corporation and 
in the manager, superintendent, or other person in charge 
locally of such corporation, for each day beyond a reasonable 
time that such connection is not made. Ordinarily a delay of 


over six (6) days in installing connections will be considered - 


unreasonable. 


By within the radius of the electric light and power system, 
it is meant to include any point to the left or right of one of 
its lines, and any point in the extension of said line not more 
than 300 feet beyond the present terminus thereof. 

4. Repairs and corrections of defects in service must be 


made within a reasonable time after written notice to the 
manager, superintendent, or other person locally in charge of 
the light and power company in Houston, and it shall be a 
separate offense both in the corporation and in the superintend- 
ent, manager, or other person in charge of the light and power 
company in Houston, for each day beyond a reasonable time 
that such delay exists. Ordinarily a reasonable time for re- 
pairs or correction of defects in service shall be from one to 
two days. 


*In case, however, of inability to locate the trouble, or if for 
other cause two days is insufficient for the correction of the 
trouble, the company shall have a reasonable time in which 
to correct same, though in excess of two days; but in such 
case the burden shall be on the defendant to allege and prove 
the facts which make the two days insufficient. 


5. Should any customer of the light and power company 
desire to have his electric light meter tested, he shall make 
application in writing to the Public Service Commissioner for 
a test of his meter, accompanying such application with the 
sum of One Dollar and Fifty Cents -($1.50) ; and if the meter 
shows more than a 3 per cent. variation fromthe standard 
testing meter, and this variation is against the customer, the 
customer’s bill shall be rebated accordingly from his last pay- 
ment to date of test, and the One Dollar and Fifty Cents 
($1.50) deposit shall be returned to the customer. If the 
meter shows less than 3 per cent. variation against the cus- 
tomer from the standard testing meter the One Dollar and 


of the City of Houston S21 


aw) 


Fifty Cents ($1.50) shall be retained by the Public Service 
Commissioner to reimburse the city for its expenses in the 
premises. Upon said application being filed the same shall be 
brought to the attention of the manager of the electrical com- 
pany, and said company shall send to the residence or place 
of business of complainant a competent person with a standard 
portable meter tester, and such person shall be accompanied 
by an inspector of the City of Houston, and at the complain- 
ant’s residence or place of business the meter complained of : 
shall be tested. The customer shall have the right to have any 
competent person to be present and participate in making the 
test on his behalf; and if he desires he can designate the City 
Electrician to be present and act on his behalf in the making 
of the test, who, in such event, shall act without cost or charge 
to the consumer, unless the deposit be retained as herein pro- 
vided, and shall see that the test is accurately made, and 
is, in all respects, correct. If the meter complained of proves 
in such case defective more than 3 per cent., it shall be 
removed and replaced by another meter, tested and shown 
to be accurate at the time the test is made of the defective 
meter. The portable meter testers must be of the most ap- 
proved and standard make, and must be approved both by 
the Public Service Commissioner and the City Electrician, 
and must themselves be tested by a standard stationary meter 
tester of the most approved make and character, which must 
be approved by the Public Service Commissioner and by the 
City Electrician. All meter testers, whether stationary or 
portable, must be furnished by the light and power company, 
at its own expense, but none can be used in the making of 
tests unless approved by the City Electrician and by the Public 
Service Commissioner. 

6. Should any customer of the light and power company 
desire a test to determine the voltage, he shall make applica- . 
tion to the Public Service Commissioner for such test, and 
deposit a fee of One Dollar ($1.00) therefor; such test shall 
be made at the residence or place of business of the customer, 
at the main switch in the house by a volt meter, and by the 
City Electrician. Upon application being made to the Com- 
missioner for such test, he shall notify the manager of the 
light and power company of the time and place when such 
test will be made, and the public utility company shall have 
the right to have a representative present when such test 
is being made. In case such test shows insufficient or in- 
adequate voltage, the Public Service Commissioner shall take 
up the matter with the manager of the light and power com- 


Byes Revised Code of Ordinances 


pany, and secure correction of the defect by increasing of 
feed wire or transformer capacity, or otherwise, as may be 
necessary; and if correction be not made within a reasonable 
time, it shall be an offense, both in the corporation operating 
under the franchise and in the manager, superintendent, or 
other person in charge of said corporation in the City of 
Houston, for each day that said deficiency is permitted to exist 
after the expiration of a reasonable time for same to be cor- 
rected. 

7. If when any test is being made, or if at any other time 
the wiring system in any building is found to be defective 
and dangerous, the current shall be cut off by the light and 
power company, if so demanded in writing by the City Elec- 
trician, and shall not again be turned on until the defects 
are corrected, and the wiring made safe and in accordance 
with the National Electric Code, and until the light and power 
company has the certificate of the City Electrician to that 
effect. Should the electrical company fail to cut off such power 
when so notified, or should said company again turn the cur- 
rent on said wires without obtaining the certificate of the City 
Electrician, it shall be a separate offense, both in the corpora- 
tion and in the manager or other person in charge of such 
corporation in the City of Houston for each day that the elec- 
tric current is permitted to remain on the wires in said building 
contrary to this clause of the ordinance. (May 15, 1911, Ord. 
IBS; D332; eCe4e) 


Sec. 984. Rates for Electric Lights—AIl persons, firms, - 
corporations or receivers engaged in the business of furnishing 
and supplying electric lights and electric power to private 
consumers within the corporate limits of the City of Houston, 
Harris County, Texas, are required to furnish and supply same 
for not exceeding the charges hereinafter stated, to-wit: 


Commercial Rates. 


Lighting and alternating current fans on same meter. 


(1) Single Rate. Twelve cents per kilo-watt hour, with a 
minimum monthly charge for service of One Dollar. 


That all charges under this rate, if not paid on or before the 
10th day of the month following that for which the bill is 
rendered, shall be subject to the following discounts, to-wit: 


Bills over $1.00 and up to $4.99, five per cent. discount. 
Bills over $5.00 and up to $24.99, ten per cent. discount. 
Bills over $25.00 and up to $49.99, fifteen per cent. discount. 


of the City of Houston B20 


Bills over $50.00 and up to $74.99, twenty per cent. discount. 

Bills over $75.00 and up to $99.99, twenty-five per cent. dis- 
count. 

Bills over $100.00, thirty per cent. discount. 


(2) Two Rate: 


(a) Business Rate: Thirteen cents (18c) per kilo-watt 
hour for the first two (2) kilo-watt hours consumed per month 
per sixteen candle power incandescent lamp wired (or its 
equivalent), and seven cents (7c) per kilo-watt hour for all 
energy consumed in excess of that amount. . 

(b) Residence Rate: Thirteen cents (13c) per kilo-watt 
hour for the first two-thirds (2-3) of a kilo-watt hour con- 
sumed per month per sixteen candle power incandescent lamp 
wired (or its equivalent), and seven cents (7c) per kilo-watt 
hour for all energy consumed in excess of that amount. 

The minimum charge for service under the two rate system 
shall be One Dollar ($1.00), and all bills paid under said sys- 
tem on or before the 10th day of the month following that for 
which bill is rendered shall be subject to a discount of five 
per cent. 


Power Rates. 


(1) For a monthly consumption of one thousand (1000) 
kilo-watt hours or less, six cents (6c) per kilo-watt hour. 

(2) For a monthly consumption of over one thousand 
(1000) kilo-watt hours, five cents (5c) per kilo-watt hour. 

Bills for service under this rate, if paid on or before the 10th 
day of the month following that for which bill is rendered, 
shall be subject to a discount of five (5) per cent. 


Rates for Direct Current Ceiling Fans. 


No. of Fans Day Rate. Day and Night 

Rate. 

1 $ 4.00 $ 5.00 
2 7.25 9.00 
3 10.00 12.50 
4 12.50 15.00 
5 14.50 17.50 
6 16.00 19.50 
7 17.50 21.00 
8 19.00 22.50 
10 22.00 25.50 
ee 25.00 28.00 
14 28.00 31.00 
16 31.00 34.00 
18 34.00 37.00 
20 37.00 40.00 
22 40.00 43.00 
24 43.00 46.00 
26 46.00 49.00 
28 49.00 52.00 
30 52.00 55.00 


324 Revised Code of Ordinances 


That the above charges shall be made for calendar months, 
except for the months from November Ist to March 31, in- 
clusive, when one-half (1-2) of the above rates shall be collect- 
ed for each calendar month. (Code 1904, Art. 995.) 


Sec. 985. Penalty—That any persons, firm, corporation, 
or receiver, or the manager or superintendent of same, who 
shall knowingly violate any of the provisions of Section 984 
by charging more for the services hereinbefore enumerated, as 
therein established and fixed, shall, upon conviction, be fined 
not less than Twenty-five Dollars ($25.00) and not more than , 
One Hundred Dollars ($100.00). (Code 1904, Art. 996.) 


Sec. 987. Unlawful to Tamper With or Use Apparatus— 
It shall be unlawful for any person or persons to tamper with, 
molest or in any manner use the poles, Wires, cross arms, 
lamps, hoods, switches, cut-offs, connections, or any part of 
the lines or apparatus belonging to the Houston Lighting and 
Power Company within the corporate limits of the City of 
Houston, and no person or persons shall have the right to 
place upon the poles belonging to this company any handbills; 
notices, cards, advertising bills, placards, or any written, 
printed or painted matter, either by posting, tacking, suspend- 
ing or any other mode of fastening. (Id.; Art. 993.) 


Sec. 988. Penalty—Any person or persons found guilty of 
tampering with the poles, wires, lamps or other apparata of 
the Houston Lighting and Power Company, as set forth herein- 
before, must be fined not less than Five Dollars ($5.00) nor 
~ more than Twenty Dollars ($20.00) for each and every offense. 
(Id., Art. 994.) 


ARTICLE 4. 
TELEPHONES. 


Sec. 989. Regulations for Government and Operation— 
_ The following regulations are established for the government 
and operation of corporations possessing a franchise from the 
City of Houston, and furnishing telephone communication to 
the citizens thereof: 


1. Every such company shall have the right on installing 
the telephone of such company in residences or business places 
to require the subscriber to pay to said company two months 
rental in advance as a guaranty that the said subscriber will 
use said phone service installed for him for a period of two 
months; provided, that where the telephones of such company 


of the City of Houston 325 


have been once installed in or upon the premises no charge 
shall be made to any new subscriber using the same telephones 
for more than one month and the unexpired fractional part 
of the current calendar month, unless since the last use thereof 
there has been a complete removal of the telephones of the 
telephone company and a disconnection of service to said 
premises; and provided further, that any subscriber who is 
not in arrears may transfer his contract and such transferee 
shall succeed to all the rights of the original subscriber under 
such contract. | 


Every such company shall upon demand return any deposit, 
heretofore received by it to each subscriber who has made the 
same, together with the lawful interest thereon; provided, 
and when such subscriber shall have paid the telephone com- 
pany since the installation of service for his use two months 
rental thereon. (Amendment of July 7, 1913, Ord. Bk. 8, 
p. 394.) 


2. The service to the customer shall not, in any case, be 
cut or discontinued for non-payment of a bill, unless such bill 
is for services already rendered, and unless five (5) days’ 
written notice has been given the customer by mailing to his 
postoffice address a notice that the service will be cut or dis- 
continued if the bill be not paid by the expiration of the five 
(5) days; such notice to be mailed at least five (5) days be- 
fore the service is cut. 


The above rule shall not have application to amounts due 
or to become due for long distance service. 


3. Where a customer living within the radius of the tele- 
phone system, as established, and within 300 feet of a tele- 
phone line, desires connection with the service, such connection | 
must be made within a reasonable time after written demand 
or request therefor, on the manager, superintendent, or other 
person in charge of the business in Houston; and it shall be 
a separate offense, both in the corporation and in the manager, 
superintendent, or other person in charge locally of such cor- 
poration, for each day beyond a reasonable time for such, 
connection is not made. Ordinarily a reasonable time for in- 
stalling telephone connections shall be from five (5) to seven 
(7) days. 


By within the radius of a telephone system, as established, 
it is meant to include any point to the left or right of one of 
its lines, and any point in the extension of said line not more 


than 300 feet beyond the present terminus thereof. 
28 


326 Revised Code of Ordinances 


In the event the number of installations required shall ren- 
der necessary the installation of new cable conductors of con- 
siderable length, and the telephone company has not the cable 
available, the penalties of this section may be suspended as to 
the particular installations for a reasonable time, to be fixed — 
by the Public Service Commissioner, for the company to pro- 
cure the cable; and the burden shall be on the telephone com- 
pany to allege and prove that such extension of time was 
granted in writing by the Public Service Commissioner. 

4. Repairs of defects in telephone appliances must be made 
within a reasonable time after written notice to the manager, 
superintendent, or other person locally in charge of the tele- 
phone company in Houston; and it shall be a separate offense, 
both in the corporation and in the superintendent, manager, or 
other person in charge of the telephone company in Houston, 
for each day beyond a reasonable time that such delay exists. 
Ordinarily a reasonable time in which to repair defects in 
telephone appliances shall be twenty-four (24) hours from the 
receipt of the written notice. 

Where there are an unusual number of defects due to storms, 
strikes, or causes beyond the control of the telephone com- 
pany, the company shall have a reasonable time to repair 
the defects, though this time may exceed twenty-four (24) 
hours; but the burden shall be on the telephone company to 
allege and prove the facts which authorize the company to use 
more than twenty-four (24) hours to repair the defects. 
(May 15; 1911, Ord. Bk::3;-p. 32;;Sec.:5,) 


Sec. 990. Rates of Charges—Any person, firm, corpora- 
tion or receiver operating or owning telephone lines and ex- 
changes within the City of Houston, Harris County, Texas, 
engaged in the business of furnishing telephone connection and 
service to the citizens of said City of Houston, shall charge not 
exceeding the following rates, to-wit: 


Rate One: Telephone lines and exchanges having three 
thousand (38000) or less paying subscribers within the limits 
of the City of Houston shall have the right to charge, for 
business or office connection, Three Dollars ($3.00) per month; 
for residence, Two Dollars ($2.00) per month. 


Party Lines: Business or office, Two Dollars ($2.00) per 
month; residence, One Dollar ($1.00) per month. 


Rate Two: Telephone lines and exchanges having in excess 
of three thousand (3000) paying subscribers within the limits 
of the City of Houston shall have the right to charge, for 


of the City of Houston yet 


business or office connections, Five Dollars ($5.00) per month; 
for residence, Two Dollars ($2.00) per month. 

Party Lines: Business or office, Three Dollars ($3.00) per 
month; residence, One and 50/100 Dollars ($1.50) per month. 


Provided, that the rates above fixed are fixed for a reason- 
ably efficient service, and in the event the service is not rea- 
sonably efficient, the subscriber or customer can satisfy his 
bill and the requirements of this section by paying or tendering 
to the person, firm, corporation or receiver operating or own- 
ing the telephone lines such proportion of the rate fixed by 
law for the service as the service actually furnished bears 
to a reasonably efficient service. 


In the event the service is not reasonably efficient, and the 
customer has paid in advance for the service at the rate fixed 
by this section, he can deduct an amount proportionate to 
the deficiency in the service from the rate for the next month, 
and the person, firm, corporation or receiver operating or 
owning the telephone line shall be bound in all cases to re- 
ceive said sum of money and continue to furnish the service; 
provided, that the amount of money paid by the customer is 
proportionate to the service rendered. (Nov. 22, 1909, Ord. 
Bkeoy D041, SeCs, ls) 


Sec. 991. Penalty—Any person, firm, corporation or re- 
ceiver operating or owning telephone lines or exchanges within 
the limits of the City of Houston, Harris County, Texas, 
engaged in the business of furnishing telephonic connections 
and service to the citizens of said City of Houston, or any 
agent, manager or superintendent thereof, who shall charge 
any greater rates or tolls for the services herein named than 
those hereinbefore fixed, or who shall refuse to continue to 
furnish the service because the customer fails or refuses to 
pay a greater amount for the telephone service than is fixed 
by Section 990, or than is payable under the next preceding 
section for the character of service rendered in the particular 
case, shall be deemed guilty of a misdemeanor and, upon 
conviction, shall be fined in any sum not less than Twenty-five 
Dollars ($25.00) and not exceeding One Hundred Dollars 
($100.00) for each offense, and in case of failure or refusal 
to further furnish telephone service to the consumer or sub- 
scriber, it shall be a separate offense for each day that there 
is failure or refusal to furnish the service. (Id.) 


Sec. 992. Rates to Fire Stations and Public Schools—That 
any person, firm, corporation or receiver operating or owning 


328 Revised Code of Ordinances 


telephone lines within the City of Houston shall furnish tele- 
phone service to fire stations and to public schools at the fol- 
lowing rate, viz: Telephone service shall be furnished to fire 
stations at the rate provided for business or office phones, and 
telephone service shall be furnished to public school buildings 
at the rates provided for residence phones. (Jan. 4, 1911, 
Ord. Bk. 8, p. 21, Sec. 1.) 


Sec. 993. Additional License Fee—That the Southwestern 
Telegraph and Telephone Company be and it is hereby required 
to pay to the City of. Houston, in addition to the payments 
required to be made by it by that certain ordinance entitled, 
“An ordinance granting to the Southwestern Telegraph and 
Telephone Company, its successors and assigns, the right, 
franchise and privilege of building, maintaining and operating 
a system of telephones or telephone exchanges in the City of 
Houston, and granting the right of way and other privileges 
on the streets of Houston,” the sum of Eight Hundred and 
Fifty Dollars ($850.00) per annum, which payment shall be 
made as follows: 


In quarterly installments on the first day of January, April, 
July and October of each year for the next ensuing three years. 
(Jan. 3, 1911; Ord; Bk. 3, p.21, Seco 1.) 


Sec. 994. Payments to Be Made Collector of Tax—The 
said payments shall be made to the officer authorized to collect 
such taxes for said city. (Id., Sec. 2.) 


Annual Reports. 


Sec. 995. Sworn; to Be Filed Between Jan. Ist and March 
1st—That every person, firm, association, corporation or re- 
ceiver operating or owning telephone lines and exchanges in 
the City of Houston, Harris County, Texas, engaged in the 
business of furnishing connections and service to the citizens 
of said City of Houston, is hereby required to file between 
January lst and March Ist of each year a sworn annual report 
- showing all property, real, personal and mixed, of said corpora- 
tion or persons, on hand on said January Ist, and owned by 
said corporation or persons, and used in said telephone busi- 
ness in the year preceding said date and showing the gross 
income derived from the operation of said telephone business 
in the City of Houston for the year preceding said January 
1st, and showing the actual expense of operation and mainten- 
ance of said telephone system in the City of Houston for the 
year preceding said January 1st; and furnishing such other 


of the City of Houston 329 


information as may be by- this chapter specifically required. 
(Dec. 30, 1909, Ord. Bk. 2, p. 546, Sec. 1.) 


Sec. 996. Contents, Etc.—The report in so far as it under- 
takes to state the property of said public service, business and 
the value of same, shall not be sufficient or a compliance with 
this article unless it sets forth a detail list and description of 
all property, real, personal and mixed, owned by said person, 
firm or corporation, in Houston, Texas, on January Ist, of 
each year; and also of all property in Houston, Texas, actually 
used in the telephone business in said city in the year preced- 
ing said January Ist, together with a statement of the value 
of each item of property set opposite the same in said list. 


If any of such listed property is not or has not been during 
the year preceding said January Ist, actually used in said 
telephone business, that fact shall be stated in the report. 

The report shall state also with reference to each item of 
property and assets, the condition of same on said January Ist, 
and the extent, if any, to which same is depreciated in value 
from age, use or other causes. The report shall also state, 
with reference to each item of property the estimated cost of 
reproducing the same new on the date, January Ist. 


Said report of property and assets and value thereof, sit- 
uated in Houston, shall specifically state whether any of the - 
property listed is situated in Houston Heights or Brunner, 
or elsewhere without the corporate limits of the City of Hous- 
ton and within two (2) miles thereof, and is used and operat- 
ed in connection with the Houston offices, and shall state sep- 
arately the value and the degree of depreciation and cost of 
production of each of said items of property operated in 
connection with the Houston office and situated in Brunner, 
Houston Heights or outside the corporate limits of the city 
and within two (2) miles of said limits. 


Said list of property shall specifically set forth among other 
property : 

First. All real estate or lease-hold interests in land, de- 
scribing same, owned by said person or corporation engaged 
in said telephone business. 


Second. The number of linear feet of conduits, stating the 
location of same within the city, and from what beginning 
point to what ending point they extend. By a linear foot of 
conduit is meant a foot in length of same, whether same con- 
tains one duct or many ducts; and said statement shall show 
as to each conduit, how many ducts it contains and how 


330 Revised Code of Ordinances 


many wires are contained in each duct. And said report shall 
show in what year the said conduits were constructed and 
shall further show how many linear feet of conduits are situ- 
ated within the limits of the City of Houston, and how many 
linear feet of conduits, if any, are situated outside of the 
limits of the city within two (2) miles thereof, and what 
part of same, describing same, were constructed in the year 
preceding said January lst. And said report shall be ac- 
companied by a map or sketch representing plainly on same 
the location of said telephone conduits. - 


Third. Said report shall also show the number of telephone 
poles owned and operated by said person, firm or corporation 
on January 1st, and during the year preceding, and shall be 
accompanied by a map or plat showing the location and posi- 
tion of the various lines of poles and of each pole, and the 
report shall indicate how many of said poles are situated 
within the corporate limits of the City of Houston and how 
many of the same are situated outside of the corporate limits 
of the city, and within two (2) miles thereof, and shall state 
specifically how many of the poles listed were erected in the 
year preceding said date of January 1st; and said report shall 
show the number of wires strung on said poles. 


In addition to the other matters required by this report, 
same shall state the estimated value of a telephone pole, not 
inserted in the ground, and the cost and expense of inserting 
a pole in the ground, and the estimated value of each mile 
of single telephone wire, and the estimated cost and expense 
of inserting said mile of wire in a conduit, and of stringing 
same on poles, and the estimated expense of constructing 
one thousand (1000) feet of conduits, not including in said 
last estimate the cost of inserting the wires therein. 


And the report shall state specifically with reference to each 
pole and line of wire what its condition with reference to being 
in a state of repair. 


Fourth. Said list of property shall also include a specific 
list of each telephone exchange owned by said person, firm 
or corporation, stating whether the building and property on 
which same is situated is owned by said person, firm or cor- 
poration, or is rented, and giving a specific list of all switch 
boards and of all other property of said telephone business, 
such as telephones and all appliances and appurtenances used 
in connection with said telephone business, and shall state 
specifically with reference to all property, whether same was 


of the City of Houston afl F 


purchased or constructed in the year preceding the said date 
of January Ist. 


Fifth. Said person, firm or corporation shall list any other 
property or assets (used in its telephone business in Houston) 
which it may own, and state the value and other required 
information in reference to same, if they believe that such 
property or assets and its value should be considered in fixing 
or regulating the rates to be charged for said telephone service. 
(Id., Sec. 2.) 


Sec. 997. Facts As to Gross Income—Said report shall 
state the following facts as to the gross income of said tele- 
phone business in the City of Houston for the year preceding 
said January lst, viz.: 


First. Said report shall state the total number of actual 
subscribers for business telephones within the corporate limits 

of the City of Houston during the year preceding said January 
- 1st, and the gross revenue derived therefrom. 


Second. Said report shall state the total number of actual 
subscribers for business telephones outside the corporate lim- 
its of the City of Houston, and within two (2) miles of said 
limits, and within Brunner and Houston Heights during the 
year preceding said January 1st, and the gross revenue de- 
rived therefrom. 


- Third. Said report shall state the total number of actual 
subscribers for residence telephones within the corporate lim- 
its of the City of Houston during the year preceding said 
January 1st, and the gross revenue derived therefrom. 


Fourth. Said report shall state the total number of actual 
subscribers for residence telephones in Brunner and Houston 
Heights, and outside the corporate limits of the City of Hous- 
ton, but within two (2) miles of said limits, during the year 
preceding said January 1st, and the gross revenue derived 
therefrom. 


Fifth. Said report shall also state the total charges for 
the year preceding said January 1st for long distance tele-. 
phone calls from Houston to other points away from Hous- 
ton, and the gross amount of said long distance charges col-. 
lected by the Houston office, and the proportion of said charges 
allowed to the Houston office by the person, association or 
corporation operating said telephone system ; or the proportion 
of said long distance gross receipts to which the Houston 
office is fairly entitled in the absence of a specific allowance. 


332 | _ Revised Code of Ordinances 


Sixth. Said report shall also state the total charges for 
the year preceding said January 1st for long distance tele- 
phone calls from other points away from Houston to this city, 
and the gross amount of said long distance charges collected 
by the Houston office, and the proportion of said charges 
allowed to the Houston office by the person, association or 
corporation operating said telephone system ; or the proportion 
of said long distance gross receipts to which the Houston 
office is fairly entitled in the absence of a specific allowance. 

Seventh. Said report shall also state the gross amount of 
the long distance telephone charges from Houston to outside 
points, or from outside points to Houston, collected by other 
offices than the Houston office, and the proportion of said 
amounts so collected allowed to the Houston office, or to which 
the Houston office is fairly entitled in the absence of a specific 
allowance. 


Eighth. Said report shall also state the total amounts of 
all other gross receipts derived from other sources than those 
above named during the year preceding said January lst, and 
shall state the source of such receipts. (Id., Sec. 3.) 


Sec. 998. Operating Expenses; Facts to Be Shown—Said 
report shall also state the operating expenses for the year 
preceding January lst, and in doing so shall state specifically : 

First. The expenses incurred during the year for salaries; 
First, of officials and office force, such as bookkeepers, etc., 
of the Houston office. Second, salaries for the year of the 
contruction force, such as linemen, etc. Third, number of 
telephone operators in the Houston office, and total amount 
paid to them for services in the year prior to said January Ist. 
Fourth, said report shall state any other amounts paid out in 
the nature of salary or compensation for personal service in 
the year preceding said January Ist. 


The report shall also give an estimate as to what part of 
the above amount paid out during the year for salaries and 
personal services should be charged to business outside of 
Houston, and what part should be charged to local business. 


The said statement. will also set forth in detail the amount 
expended in the year preceding said January 1st in the re- 
pair of property, a part of the telephone plant, in a state of 
partial depreciation from age or use, and shall set forth— 
first, how much was expended for this purpose for labor, and 
second, how much for material. And said statement shall also 
furnish an estimate of money which will be needed in the 
coming year for repair of such partial depreciations. 


of the City of Houston 333 


Said report shall further set out the expense incurred in 
the year previous to said January 1st in replacing material 
of the plant, which was completely depreciated, that is to say, 
in the substitution of good poles or other material and appli- 
ances for such as were entirely worn out and useless, and 
shall state how much of this amount was expended—first, for 
labor; and second, for material; and said report shall estimate 
the amount to be needed in the following year to replace such 
completely depreciated material, stating the basis of such 
estimate. } 

Said report shall further set out any other expense of oper- 
ation for the year preceding said January lst, not specifically 
reported in the earlier part of said report. (Id., Sec. 4.) 


Sec. 999. If Corporation Operating Telephones in Other 
Cities, Etc.—If the said telephone: business in the City of 
Houston is operated by a corporation which owns or operates 
a line of telephones in other cities, and connecting said cities, 
such corporation may embody in said report: 

First. A statement of the total amount of capital stock is- 
sued by said corporation, other than such as may remain in 
the treasury of the company, and the market value of same. 

. Second. A staement of the total amount of bonds outstand- 
ing against said corporation and the market value of same. 

Third. The total number of miles of telephone line in length 
owned and operated by said corporation in the City of Houston. 

Fourth. The total number of miles in length of telephone 
- line operated by said corporation in other cities than Houston. 

Fifth. The total number of miles in length of telephone 
line operated by said corporation in connections between cities. 

A mile in length of telephone line is constituted by a tele- 
phone line reaching a mile in length, whether there be one or 
many wires strung upon same; or, if the line be in conduits, 
whether there be one or many ducts in said.conduits, or one 
or many wires in same. 

Where, from the manner in which the books of said tele- 
phone system have been kept, all of the matters required by 
the above report cannot be stated with precision, they shall 
be stated approximately with the greatest accuracy possible. 
And the books of said telephone system shall hereafter be so 
kept that the report required by this article can be made 
~ with precision. (Id., Sec. 5.) 


Sec. 1000. Requirements As to Oath—Said report shall 
be sworn to by the manager, superintendent or other person 


334 Revised Code of Ordinances 


in charge of said telephone system in the City of Houston. The 
affidavit made as to the property of said telephone system, 
as to the gross income for the previous year, and as to the 
operating expenses for the previous year, shall be made in 
positive terms. The affidavit as to values, estimates and such 
matters shall be that they have been given in good faith and 
are believed to be true and correct. Said report as to expenses 
of operation and gross receipts shall also be sworn to in posi- 
tive terms by the chief bookkeeper of said telephone system 
in the City of Houston. (Id., Sec. 6.) 


Sec. 1001. To Be Filed and Published if Corporation Re- 
quests—Said report shall be filed with the City Secretary at 
any time after the first day of January of each year, and prior 
to the first day of March of said year, and same shall be care- 
fully preserved by the City Secretary for the inspection of 
the Mayor and members of the City Council, and shall not 
be published or submitted to the inspection of other persons, 
unless the person or corporation operating said telephone sys- 
tem shall request that it be so published; provided, that all or 
any part of said report may be made public, if so directed, 
either by the Mayor or the City Council. (Id., Sec. 7.) 


Sec. 1002. Penalty—lIf the person, association or corpora- 
tion operating said telephone system, or the superintendent, 
manager or other person in charge thereof, fails to file a re- 
port in substantial accordance with the provisions of the next 
preceding seven sections by the first day of March of any year, 
such person, association or corporation, and such manager, 
superintendent or other person in charge of said telephone 
system so failing, shall each be guilty of an offense, and on 
conviction thereof in the Corporation Court shall be fined in 
any sum not less than Ten Dollars ($10.00) nor more than 
Twenty-five Dollars ($25.00) for each offense, and it shall be 
a separate offense for each day after March first that said 
report has not been filed. (l1d., Sec. 8.) 


of the City of Houston 300 


CHAPTER XXXIV. 
Purchasing Agent. 


Sec. 1003. Creation of Office; Salary; Bond—That there 
is created the office of Purchasing Agent for the City of 
Houston, who shall be appointed by the Mayor and confirmed 
by the City Council every two years, and who shall hold office 
for two years or until removed by the Mayor or City Council, 
or recalled by the qualified voters, or for the unexpired term 
of the Purchasing Agent whose unexpired term he is appointed 
to fill, and who shall receive a monthly salary of Three Hun- 
dred Dollars ($300.00). He shall, upon being appointed and 
confirmed, take an oath of office to faithfully and impartially 
perform the duties of his office, and he shall enter into a bond 
with two (2) or more good and sufficient sureties, or a surety 
company authorized to do business in Texas, payable to the 
City of Houston, in the sum of Five Thousand Dollars, to 
be approved by the Mayor, conditioned for the faithful per- 
fomance and discharge of the duties of his office, and such 
other duties as may be imposed upon him by the ordinances 
or by the Mayor or by the City Council, and that he will 
correctly and honestly pass upen and award all bids and 
contracts for supplies, and not violate the provisions of the 
Charter and of this chapter in reference to the matters herein 
referred to. (Mar. 9, 1914, Ord. Bk. 4, p. —, Sec. 1.) 


Sec. 1004. Duties—That it shall be the duty of said Pur- 
chasing Agent to pass upon the requisitions of all heads of 
departments and officers, agents and employees of the City of 
Houston, for all supplies, merchandise and articles of every 
description needed by it or them or either of them for the > 
use and benefit of the City of Houston, and to contract for and 
purchase the same; provided, that should there be doubt in his 
judgment as to the needs of said department,- officers or em- 
ployees of any supplies, merchandise or articles for the use and 
benefit of the City of Houston, he shall submit such requisition 
to the Mayor and Council in administrative session for its in- 
struction thereon and with reference thereto. In making pur- 
chases he shall use his best efforts to purchase the same at 
the least cost to the city, and when prices are submitted upon 
two or more articles of different brands or grades, he shall 
determine which of the brands or grades shall be purchased, 


336 Revised Code of Ordinances 


so as to secure for the city the best, most satisfactory and 
advantageous supplies, merchandise and articles, bearing in 
mind the use to which the same is to be applied, its lasting 
qualities and the cost; provided, that all other things being 
equal, those bidders having an established local business in 
the City of Houston are to be given the preference; provided, 
further, that so far as practicable all such supplies, merchan- 
dise and articles contracted for and purchased by him shall 
be let or made upon competitive bids or prices, and that no 
contract for supplies for current use shall be made for a 
longer period than ninety (90) days. (Id., Sec. 2.) 


Sec. 1005. Necessity for Appropriation Before Acting— 
That such Purchasing Agent, before granting any requisition 
for, or contracting for, or accepting any bids, or purchasing 
any such supplies, merchandise or articles, shall inform him- 
self as to whether or not there is an appropriation therefor 
out of which payment for same can be made, and if there 
is not, then he shall refuse to grant such requisition or to 
contract for, or accept such bids or to purchase such supplies, 
merchandise or articles. (Id., Sec. 3.) 


Sec. 1006. Rules and Regulations May Be Established, 
Etc.—That such Purchasing Agent may establish such rules 
and regulations governing requisitions and the transaction of 
business between himself and heads of departments, officers 
and employees, and between himself and bidders on and vend- 
ers of such supplies, merchandise and articles as he may de- 
sire to purchase, not inconsistent with this chapter or the 
Charter and ordinances of the city. (Id., Sec. 4.) 


Sec. 1007. Ex-officio Public Service Commissioner—That 
he shall be ex-officio Public Service Commissioner until such 
time as that office may be filled by appointment by the Mayor 
and confirmation by the City Council, and during such time, 
he shall perform all the duties thereof, but he shall receive no 
extra compensation therefor. (Id., Sec. 5.) 


Sec. 1008. Restrictions Upon Interest, Etc., By—That 
such Purchasing Agent shall not be interested in, or in any 
manner connected with, any contract or bid for furnishing 
such supplies, merchandise or articles, or with any person, firm 
or corporation or receiver, or trustee of such, who contracts 
for, bids upon, or sells to the city any such supplies, merchan- 
dise or articles, nor shall he accept or receive from any such, 
directly or indirectly, by rebate, gift or otherwise, any money 
er other thing of value, nor shall he receive any promise, 


of the City of Houston | Sat 


obligation or contract for future reward or compensation 
from any such; provided, that a violation of the provisions of 
this section shall be cause for impeachment and removal from 
office; provided, further, that the specification of impeachment 
and removal from office for violation of this section shall not 
prevent the City Council from impeaching or removing such 
officer for other violations of or failure to perform the duties 
of his office. (Id., Sec. 6.) 


Sec. 1009. Clerks—That such Purchasing Agent shall have 
such clerks as may be allowed by the Mayor and City Council, 
and at such salaries as he and it may fix. 


338 Revised Code of Ordinances 


CHAPTER XXXV. 
Railways. 


Sec. 1010. Flagmen at Crossings—lIt shall be the duty of 
each railway company operating a railroad within the corpo- 
rate limits of the City of Houston to keep by day and night 
at such public crossings as may be designated from time to 
time by the City Council, one or more flagmen, whose duty 
it shall be to warn passengers of the approach of trains, and 
to see that said crossings are kept free of standing trains, loco- 
motives and other obstructions. (Code 1904, Art. 1037.) 


Sec. 1011. Electric Lights at Crossings—lIt shall be the 
duty of each railway company operating trains within the City 
of Houston over and across the streets in said city to illumi- 
nate each crossing, unless otherwise ordered by the City Coun- 
cil, with an electric arc lamp, not more than seventy-five feet 
distant from such crossing, and not less than twenty feet dis- 
tant from the ground, and of not less candle-power than is 
used in the case of general arc lights used by the city for 
lighting streets. (Id., Art. 1038.) 


Sec. 1012. Penalty—Any railway company, person or cor- 
poration operating a railroad in the City of Houston over any 
crossing who shall fail to comply with the provisions of the 
next two preceding sections shall be liable to a penalty of Fif- 
teen Dollars, the same to be recovered in a civil suit brought 
in the name of the City of Houston in either of the proper 
Justice’s Courts of Harris Couuty, Texas, and each day’s fail- 
ure to comply with said sections shall constitute a separate 
offense and liability. (Id., Art. 1029.) 


Sec. 1013. Crossings Not to Be Blocked Exceeding Five 
Minutes, Etc.—That it shall be unlawful for any yardmaster, 
engineer, conductor or other person or persons in any man- 
ner controlling or operating any railway locomotive, engine, 
car or train of cars, to suffer or permit any such locomotive 
engine, car or train of cars to remain standing upon any pub- 
lic street crossing within the corporate limits of the City of 
Houston for a longer period than five minutes, and all periods 
of time such locomotive engine, car or train of cars is per- 
mitted to stand upon such public crossing shall be considered 
one period unless between such periods five minutes elapse 


of the City of Houston 339 


during which time no such locomotive engine, car or train of 
cars is permitted to stand on such crossing. (Feb. 27, 1905; 
Ord Bik? eabb, oec.aby) 


Sec. 1014. Penalty—Any yardmaster, engineer, conductor 
or other person or persons in any manner in control or oper- 
ating such locomotive engine, car or train of cars, who shall 
violate any of the provisions of the next preceding section, 
shall, upon conviction thereof, be fined in a sum not less than 
Twenty-five nor more than Fifty Dollars. (Id., Sec. 2.) 


Sec. 1015. Locomotives, Etc., Not to Remain Standing, 
Etc.—It shall be unlawful for any foreman of a switching 
crew, engineer or conductor of a railway train, or other per- 
son in charge of a railway train, car or cars, or railway en- 
gine, to permit any locomotive, engine, car or cars, or train of 
cars, to remain standing upon any public street crossing or 
intersection of two streets within the corporate limits of the 
City of Houston for a period longer than five (5) minutes. 
(Feb. 4, 1907; Ord. Bk. 2, p. 359, Sec. 1.) 


Sec. 1016. Locomotives, Etc., Not to Remain Standing, 
Etc.—It shall be unlawful for any foreman of a switching 
crew, engineer or conductor of a railway train, or other person 
in charge of a railway train, car or cars, or railway engine, to 
cause or allow any railway locomotive, engine, car or cars, or 
train of cars, to stop in and remain upon any street or sidewalk 
within the corporate limits of the City of Houston, other than 
a public street crossing or intersection of two streets, for a 
longer period than thirty (30) minutes at any one time. (Id., 
sec. 2.) 


Sec. 1016a. Penalty—Any person who shall violate any 
provision of the two next preceding sections shall, upon convic- 
tion in the Corporation Court, be fined in any sum not less than 
Five Dollars ($5.00) nor more than Two Hundred Dollars 
($200.00). (Id., Sec. 3.) 


Sec. 1017. Safeguards to Be Provided—Whenever on any 
street or sidewalk crossed by the track or tracks of any railway 
company the City Council deems it necessary to provide protec- 
tion to the persons and property at such crossings by the erec- 
tion and maintenance of gates, guards or other protection, 
said Council may so declare and direct that said railway com- 
pany shall, within a certain time, to be fixed by the Council, 
erect, construct and maintain a sufficient safeguard of such 
character at such crossings, specifying the kind of protection | 


340 Revised Code of Ordinances 


to be erected, constructed and maintained as aforesaid, -whe- 
ther it be a gate or gates, guard or other protection; and it 
shall be the duty of the City Secretary to serve upon such 
company named in said resolution a certified copy thereof with- 
in ten days after passage of said resolution, leaving a copy 
thereof with the local agent of said company at Houston, or at 
the general office of said company. (Code 1904, Art. 1043.) 


Sec. 1018. Penalty for Failure to Provide Safeguards— 
Whenever any railroad company shall have been directed by 
the City Council to erect, construct and maintain at any street ~ 
or sidewalk crossed by its track or tracks, any gate or gates, 
guards or other protection, as provided in the next preceding 
section, such company shall, within the time prescribed in 
said resolution, construct and thereafter maintain the protec- 
tion specified in said resolution, under a penalty of One Hun- 
dred Dollars for every failure so to do, and each and every ten 
days after the expiration of the time so fixed for the construc- 
tion of such protection that any company shall refuse or neglect 
to proceed to the erection and construction of the kind of pro- 
tection specified, shall constitute a separate and distinct of- 
fense, and incur a separate penalty, such penalty to be recov- 
ered at the suit of the city in either of the Justice’s Courts 
of Precinct No. 1, Harris County, Texas. (Id., Art. 1044.) 


Sec. 1019. Expense of Safeguard to Be Borne by the Rail- 
road—Every such gate, guard or other protection, and the 
approaches thereto, when so ordered as aforesaid, shall be 
erected and constructed at the sole cost and expense of said 
railroad companies, under the supervision of the City Engineer 
and Street and Bridge Commissioner, and the same shall there- 
after be kept and maintained by such railroad company in 
proper repair and condition at its own cost and expense, and 
without cost or expense to the City of Houston, and under 
the supervision of the City Engineer and Street and Bridge 
Commissioner of said city. (Id., Art. 1045.) 


Sec. 1020. Penalty for Failing to Maintain Safeguards— 
Whenever any gate or guard shall have been erected, under 
the provisions hereof, it shall be the duty of the railway com- 
pany on whom devolves the duty of maintaining and operating 
same to keep same securely closed at the approach of and 
during the passage of any railway train across the part of the 
street or sidewalk it is designed to protect; provided, same 
shall not be kept closed longer than five minutes at any one 
time, and any railway company violating the provisions of 


of the City of Houston 341 


Dollars, to be recovered as provided in preceding sections of 
this Code. (Id., Art. 1046.) 


Sec. 1021. Railroad Companies Shall Light the Streets; 
Penalty—It shall be the duty of each railroad company having 
a line of railway within the corporate limits of the City of 
Houston, to erect and place suitable and proper lights at such ~ 
points on the line of its railway within the inhabited area of 
the City of Houston as shall be designated by the City Coun- 
cil, and maintain the same, and cause said lights to be lighted 
and kept burning from dusk each evening continuously through 
each night until daylight; which said lights shall be so placed 
and constructed as to light the entire street at the point where 
the same is constructed, and show the condition and location 
of the tracks and crossings. If, after the expiration of ten days. 
from and after notification shall have been served upon any 
railway company, said company, or any engineer, conductor, 
fireman or other agent, servant or employee of any railway 
company shall run any engine or train of cars, between dusk 
and daylight, over any line of track not lighted as required by 
this section, such person shall be deemed guilty of an offense,. 
and, upon conviction, shall be fined in any sum not less than 
Fifty Dollars ($50.00) nor more than One Hundred Dollars 
($100.00) for each time he may commit the offense. (ld., 
Art. 1047.) 


Sec. 1022. Speed of Railroad Trains in City Limits; Pen- 
alty—It shall be unlawful for any engineer or other person in 
charge of a locomotive or train to run the same within the 
corporate limits of the city at a greater rate of speed than 
six miles an hour, and any person so offending shall, upon 
conviction, be fined in any sum not less than Twenty-five Dol- 
lars ($25.00) nor more than One Hundred Dollars ($100.00). 
(Id., Art. 1048.) | 


Sec. 1023. Locomotive Bells Must Be Kept Ringing—It 
shall be the duty of every engineer or the person in charge of 
an engine to cause the engine bell to be rung continuously 
whilst the engine or cars are in motion, and every person who 
shall fail so to do shall be deemed guilty of an offense, and 
shall be fined, on conviction, in any sum not less than Twenty- 
five Dollars ($25.00) nor more than One Hundred Dollars 
($100.00). (Id., Art. 1049.) 


Sec. 1024. Jumping On and Off Railroad Train While in 


Motion—It shall be unlawful for any person in this city to 
29 


342 Revised Code of Ordinances 


jump off or on, cling to or hang on any railway engine or 
car, whilst the same is in motion, said person not being a 
paying passenger, or an employee, or an official of the railroad 
company; and any person violating this section shall be fined, 
on conviction, not less than Five nor more than Fifty Dollars. 


Sec. 1025. Baggage Masters Invested With Police Au- 
thority—The several depot and baggage masters on duty at 
the several railway depots in the City of Houston are hereby 
invested with all the powers and authority of policemen for 
the preservation of good order at, in and about their several 
depots, but may act as such only upon condition that their 
service in this behalf is without pay from the city. (Jd., Art. 
1052.) 


Sec. 1026. Depot and Baggage Masters May Assign Sta- 
tions to Vehicles—The said depot and baggage masters are 
hereby authorized and empowered to assign to the several 
omnibuses, carriages, hacks, drays, express and baggage 
wagons, their proper stations at the depots, looking only to 
the convenience of passengers. (lId., Art. 1053.) 


Sec. 1027. Penalty—Any person guilty of a breach of any 
of the sections of this chapter, where other penalty is not pro- 
vided, shall be fined in a sum of not less than One nor more 
than One Hundred Dollars. (lId., Art. 1054.) 


Sec. 1028. Depot and Baggage Masters Must Take Oath, 
Give Bond, Etc.—No depot master or baggage master shall 
have power to use or exercise the authority conferred by this 
chapter without his having taken the oath prescribed for 
peace officers before the Mayor, and until he’shall have given 
a bond as provided to be given by other policemen. He shall 
wear conspicuously a badge inscribed with the words, “‘Special 
Police,’ and shall, at all times, be subject to such reasonable 
regulations as may be made by. the Mayor and Chief of Po- 
lice. 


Sec. 1029. Railroad Companies Must Make Necessary 
Drains, Etc.—It shall be the duty of all railway companies 
whose lines of road are now constructed or which may here- 
after be constructed on or over any street or part of a street 
in the City of Houston, to make, construct and maintain, under 
the supervision of the Street and Bridge Commissioner, and in 
accordance with the plans and specifications to be furnished 
by the City Engineer, all such drains, culverts, waterways and 
ditches, and such other connections as shall be deemed neces- 


of the City of Houston 343 


sary by the said commissioner to properly drain the streets 
through or over which said railway line may be constructed, 
and to conduct the water outside the city limits. (ld., Art. 
1036.) 


Sec. 1030. Railroad Companies Must Keep Streets in Re- 
pair, Etc.—It shall be the duty of each railway company whose 
lines of road are constructed, or may be hereafter constructed, 
within the corporate limits of the City of Houston, to put in 
good repair and maintain in good condition all streets or parts 
of streets through or over which its line of road may run, and 
to keep the same free from obstructions of every kind, which 
said repairs shall be made and constructed under the direc- 
tion and supervision of the Street and Bridge Commissioner 
and City Engineer. (Id., Art. 1057.) 


Sec. 1031. Railroad Companies Must Construct and Keep 
in Repair Bridges, Etc.—It shall be the duty of each railway 
company to construct and keep in repair all bridges and cross- 
ings from curb line to curb line at the intersections of streets 
with its line of railway, and over all ditches, sewers and cul- 
verts on the line of its railway, and to fill up and grade all 
sinks and gullies adjacent to or on the line of its road, which 
said work and improvements shall be done and made under 
the direction of the Street and Bridge Commissioner and City 
Engineer, and in such manner and of such material and at 
such points as may be required by them. (Id., Art. 1058.) 


Sec. 1032. The Street and Bridge Commissioner to Have 
Plans Prepared—lt shall be the duty of the Street and Bridge 
Commissioner, whenever in his judgment any action is neces- 
sary to enforce the provisions of the three next preceding sec- 
tions, to cause to be prepared by the City Engineer plans and 
specifications for such improvements of the character contem- 
plated by said three preceding sections, as he may deem 
necessary to be made by any person or corporation owning or 
operating a line of railway within the corporate limits of the 
city. Such plans and specifications, when so prepared, shall be 
submitted to the City Council, together with a resolution de- 
claring such improvements to be necessary, and directing that 
such person or corporation be notified to construct the same 
without delay, and said plans and specifications shall be filed 
in the office of the City Secretary. (Id., Art. 1059.) 


Sec. 1033. Notice to Be Given—After said plans and 
specifications shall have been approved by the City Council, 
and said resolution passed, it shall be the duty of the Mayor 


344 Revised Code of Ordinances 


to cause to be notified such person or corporation, by written 
notice. to begin said improvement within ten (10) days from 
the service of such notice. Said notice shall be accompanied 
by a copy of said resolution, and contain a reference to said 
specifications, filed as aforesaid, and the same shall be authen- 
ticated by the certificate of the City Secretary, and in case of 
a corporation, said notice shall be delivered to its chief officer 
or agent residing in the City of Houston. (lId., Art. 1060.) 


Sec. 1034. Penalty for Failure to Make Required Re- 
pairs—If any person or corporation shall fail, refuse or neg- 
lect to begin said improvements within ten days from the 
service of said notice, or shall neglect to complete the said im- 
provements within sixty days after such notice, such person 
or corporation shall be liable to a penalty of Fifty Dollars 
($50.00) for each day said failure or neglect shall continue, 
and it shall be the duty of the Mayor to cause suit to be insti- - 
tuted in the proper court for the recovery of such penalty. 
(Id., Art. 1061.) 


Sec. 1035. Railroads to Provide Crossings—That it is 
hereby made the duty of all railroad companies and managers 
thereof owning or controlling steam railroads in the City of 
Houston, and operating trains thereon, to provide crossings 
easy of access and suitable for the use of street traffic. Said 
crossings shall be constructed of vitrified brick, or other per- 
manent paving material, satisfactory to the City Engineer. 
Said crossings must be so constructed as to be easy of access 
and reasonably smooth. When brick is used, same must be 
laid on a five (5) inch concrete foundation, under the super- 
vision of the City Engineer, and to the satisfaction of the 
Mayor of said city. (July 18, 1911; Ord. Bk. 3, p. 44, Sec. 1.) 


Sec. 1036. Time Within Which Crossings to Be Con- 
structed—That, the time within which said crossings shall be 
constructed by said railroad companies or the managers there- 
of shall be sixty days from the mailing of a copy of the pre- 
ceding section, a copy of which shall be sent by mail to each 
railroad company, or the manager thereof, and such mailing 
Shall be due and lawful notice to such company, or the man- 
ager thereof, to construct said crossings as required by the 
next preceding section. (Id., Sec. 2.) 


Sec. 1037. Penalty—Any railroad company and the man- 
ager thereof, owning or controlling any railroad in the City of 
. Houston, and operating trains thereon, who shall fail to con- 
struct crossings over its roads as required by the next two 


of the City of Houston 345 


_ preceding sections within such sixty (60) days, shall be guilty 
of an offense, and upon conviction thereof in the Corporation 
Court shall be fined in the sum of not less than Twenty-five 
Dollars ($25.00) nor more than Two Hundred Dollars 
($200.00) ; provided, that such failure shall be a separate of- 
fense, both in the railroad company and the manager thereof ; 
and provided, further, that it shall be a separate offense for 
each day that any crossing remains unpaved in violation of 
the next two preceding sections after the expiration of the said 
sixty (60) days. (lId., Sec. 3.) 


Sec. 1038. Prohibited From Blowing Whistles Over Five 
Seconds—All persons are prohibited from blowing any whis- 
tles on any locomotive, or single blasts therefrom, within the 
limits of the City of Houston, for a longer period of time than 
five (5) seconds, except when there is imminent danger of an 
accident. 

All persons are prohibited from blowing off or blowing out 
a boiler when crossing any public street, alley or other thor- 
oughfare within the limits of the City of Houston. 


That each and every person violating any provision of this 
section shall be fined in any sum, upon conviction, not less 
than Five Dollars ($5.00) and not exceeding Fifty Dollars 
($50.00). (1Id., Art. 1062.) 


Sec. 1039. Unlawfully Running Locomotive Engines— 
Any person who causes, permits or suffers any locomotive en- 
gine to run within the limits of the city at a greater rate of 
speed than six (6) miles per hour, or who causes, permits or 
suffers any locomotive engine or train to run or move in the 
night time without having a headlight, or who shall cause, 
permit or suffer any locomotive engine or train to run at any 
time without causing the proper signals to be given, must be 
fined not less than one nor more than One Hundred Dollars 
($100.00). (Id., Art. 1063.) 


Sec. 1040. Unlawful to Use Any Part of Commerce Ave- 
nue; Where—That it shall be unlawful for any railroad com- 
pany to use any part of Commerce Avenue for the switching of 
railroad freight trains between San Jacinto and York (Travis) 
Streets, within the corporate limits, and the violation of this 
section by any railroad company is hereby declared to be a 
nuisance. (Id., Art. 1064.) 


Sec. 1041. Penalties—That prosecution for the violation 
of the preceding section may be against the yardmaster or 


346 Revised Code of Ordinances 


any employee, or person in control of such train, or the man- 
ager, or the local agent of said railroad company. That for 
the violation of the terms of such preceding section, on con- 
viction, there shall be assessed a fine of not less than Fifty Dol- 
lars ($50.00) nor more than One Hundred Dollars ($100.00), 
and the movement of each train shall constitute a separate 
offense. (Id., Art. 1065.) 


“Sec. 1042. Railroads to Place at Certain Crossings Fire 
Alarm Indicators—All railroad companies operating within 
the corporate limits of the City of Houston are required to 
place at each of the following named crossings, to-wit: 


San Antonio & Aransas Pass Railroad crossing on McKin- 
ney and Hutchins Street; 


Southern Pacific crossing on Hardy Street and New Orleans 
Avenue; 


Montgomery and Southern Pacific Railroad crossing, Hous- 
ton Avenue and Winter Street; 


Houston & Texas Central crossing on Sixth and Railroad 
Streets ; 


Southern Pacific crossing on Maury and Leona Streets; 


Houston & Texas Central crossing on Tenth and Railroad 
Streets ; 


Houston Avenue and Railroad Street; 

Silver Street and Railroad Street; 

Missouri, Kansas & Texas crossing and White Oak Bridge; 
I. & G. N., Buffalo and Preston and Congress Avenues; | 
Hutchins and Commerce Streets; 

German and I. & G. N. Place; 

German and Chartres Streets, G. C. & S. F. R. R. Co.; 
Willow Street and Allen Street, H. & T. C. R. R. Co.; 
Odin Avenue and Mary Street, G. C. & S. F. BR. -R. Co.; 
Odin Avenue and Carr Street, I. & G. N. R. R. Co.; 
Congress and St. Emanuel Streets, G. C. & S. F. R. R. Co.; 
Maffit and Conti Streets, H. E. & W. T. R. R. Co.; 


Semmes and Conti Streets, S. P. R. R. Co.; 
And from time to time such other crossings as the Chief of the 
Fire Department may direct, a fire alarm indicator connected 
with the fire alarm system of the City of Houston, which 
privilege is hereby granted to them respectively. (Id., Art. 
1066.) 


of the City of Houston 347 


Sec. 1043. Crossings to Be Opened, When, Etc.—And 
when any indicator indicates that there is a fire, that the rail- 
road crossing where such indicator is situated shall be opened 
at once and kept open for a space of fifteen minutes. (lId., 
Art. 1067.) 


Sec. 1044. Crossings to Be Opened When Blocked, by 
Yardmaster—lIf any of above railroad crossings are blocked 
when the fire alarm indicates that there is a fire, it shall be 
the duty of the yardmaster in charge of the train of cars 
blocking the crossing, and the engineer in charge of the engine 
pulling the cars, and the watchman in charge of the crossing 
where such indicator is situated, to cause the said crossing 
to be cleared of cars at once, and to be kept clear of cars for 
a space of fifteen minutes, and the failure on part of yard- 
master in charge of train of cars blocking the crossing, the 
engineer in charge of the engine pulling the cars, and the 
watchman in charge of the crossing where the indicator is 
situated, to clear said crossing of cars at once for a space of 
fifteen minutes, shall be unlawful and either or all such persons 
shall be fined in any sum not less than Ten Dollars ($10.00) nor 
more than One Hundred Dollars ($100.00). (Id., Art. 1068.) 


Sec. 1045. Must Not Sell Railroad Tickets Without Li- 
cense from Railroad—It shall be unlawful for any person or 
persons, firm or corporation, or for any officer, agent, servant 
or receiver of any corporation, for and in its behalf, now or 
hereafter engaged in the business of railroad ticket broker, or 
any other person or persons, with or without license therefor, 
in Houston, Texas, to seii, barter or transfer for any consid- 
eration whatever, the whole or part of any railroad ticket or 
tickets, street car ticket or tickets, pass or passes, or other 
evidence of the holder’s right to travel on any railroad or street 
railway unless duly authorized so to do by the railroad or 
street railway, or the receiver thereof, issuing or authorizing 
the issuance of same, and unless such authority to sell same 
is in writing duly attested by the corporate seal of such rail- 
road company or street railway, or the signature of the re- 
ceiver thereof, if any there be, of such railroad company or 
street railway, or by the signature of the officer whose name 
is signed upon the tickets or coupons or other evidence of the 
right to travel on same, which such agent may be authorized 
to sell. (Id., Art. 1069.) 


Sec. 1046. Penalty—Any one violating any provision of 
the next preceding section shall, upon conviction, be fined not 


348 Revised Code of Ordinances 


less than Twenty-five Dollars ($25.00) nor more than One 
Hundred Dollars ($100.00) for each and every offense. (Id., 
Art. 1070.) : 


Sec. 1047. Must Show Certificate of Authority When De- 
manded—lIt shall be the duty of every person or persons, firm 
or corporation, or any officer, agent, servant or receiver of 
any corporation, for and in its behalf, now or hereafter en- 
gaged in the business of railroad ticket broker, or any other 
person or persons, with or without license therefor, in Hous- 
ton, Texas, who shall be authorized to sell tickets or parts of 
tickets, or other evidence of the holder’s right to travel over 
any railroad or street railway, upon demand to exhibit to any 
person desiring to purchase such ticket or tickets or parts of 
tickets, or other evidence of the holder’s right to travel over 
any railroad or street railway, or to any officer of the law 
who may request it, a certificate of his authority to sell, and 
to keep said certificate posted in a conspicuous place in his 
office for the information of travelers. (Id., Art. 1071.) 


Sec. 1048. Penalty—Any one violating any provision of 
the next preceding section shall, upon conviction, be fined not 
less than Twenty-five Dollars ($25.00) nor more than One 
Hundred Dollars ($100.00) for each and every offense. (Id., 
Art. 1072.) 


Sec. 1049. M. K. & T. to Stop Trains at Houston Avenue 
Crossing; Penalty—That it shall be the duty of the Missouri, 
Kansas & Texas Railroad Company of Texas, its officers, 
agents. and employees in charge of trains whether entering 
or leaving the City of Houston, and whether freight trains, 
passenger trains or mixed trains, to bring said trains, and each 
of them, to a full stop before crossing Houston Avenue, in 
the City of Houston, Texas, and any engineer or conductor 
in charge of any train entering or leaving the City of Houston, 
whether freight train, passenger train or mixed train, who 
shall fail to stop said train as required by this section, or other 
person having authority to stop same and failing to do so, shall 
be guilty of an offense and upon conviction thereof in the 
Corporation Court shall be fined in any sum not less than 
Fifty Dollars ($50.00) nor more than Two Hundred Dollars 
($200.00), and it shall be a separate offense also in each case 
on the part of the corporation, the Missouri, Kansas & Texas 
Railroad Company of Texas, which shall be fined also in addi- 
tion to the fine imposed upon its employee chargeable with the 
failure to stop. Said Company may be fined in any sum not less 


of the City of Houston 349 


than Fifty Dollars ($50.00) nor more than Two Hundred. 
Dollars ($200.00). (Oct. 10, 1910, Ord. Bk. 2, p. 590, Sec. 1.) 


Sec. 1050. Full Stop of Trains at Pinckney Street; Pen- 
alty—That it shall be the duty of each and every engineer in 
charge of any engine crossing in either direction said Pinckney 
Street on the railroad track of the Missouri, Kansas & Texas 
Railway Company of Texas, to bring his engine to a full stop 
at or about one hundred (100) feet from the center of said - 
Pinckney Street, and before putting his engine again in motion, 
it shall be the duty of said engineer to blow his whistle and 
ring his bell. 


Any engineer violating this section shall be guilty of a mis- 
demeanor, and shall upon conviction thereof in the Corporation 
Court be fined in any sum not less than Ten Dollars ($10.00) 
nor more than Two Hundred Dollars ($200.00). (Aug. 18, 
1906, Ord. Bk. 2, p. 351, Sec. 1.) 


350 Revised Code of Ordinances 


CHAPTER XXXVI. 
Saloons, Regulation, Etc. 


Sec. 1050a. Selling Intoxicants to Minors, Etc.—Any per- 
son who sells, gives or delivers any spirituous, vinous or malt 
liquors to any minor, student or pupil of any school, or to any 
person for the use of such minor, student or pupil, must be 
fined not less than One Dollar ($1.00) nor more than One 
Hundred Dollars. (Code 1904, Art. 650.) 


Sec. 1051. Minors Obtaining Liquors by Deception—Any 
minor who shall obtain or endeavor to obtain any vinous, 
spirituous or malt liquor from any retail liquor dealer, his 
agent or employee, by means of false representations, pretense 
or statement to the retail liquor dealer, his agent or employee, 
that such minor has attained his majority, or is twenty-one 
years of age or more, must be fined not less than One Dollar 
($1.00) nor more than One Hundred Dollars ($100.00). (1Id., 
Art. 654.) 


Sec. 1052. Aiding Minors to Obtain Liquor by False 
Statements—Any adult who shall make to any retail liquor 
dealer, his agent or employee, any false pretense, statement 
or representation as to the age of a minor, with the intent and 
purpose to induce such retail liquor dealer, his agent or em- 
ployee, to give, deliver or sell any vinous, spirituous or malt 
liquors to such minor, must be fined not less than One Dollar 
($1.00) nor more than One Hundred Dollars ($100.00). (Id., 
Art. 655.) 


Sec. 1053. Loitering or Loafing Around Saloons in Resi- 
dence Districts, Etc.—That it shall be unlawful for any person 
to loiter or loaf in or around any saloon or place where intoxi- 
cating liquors are sold, which is situated within a residence 
section of the City of Houston, as hereinafter defined. If a 
person go into such establishment to purchase liquor, not to 
be drunk on the premises, he shall remain only so long as is 
reasonably necessary to purchase his liquor and to carry the 
same therefrom; if he remains longer, he is guilty of loitering 
and loafing, as prohibited in this section. If any person 
go into such establishment to purchase liquor to be drunk 
on the premises, he shall remain only so long as is reasonably 
necessary to buy and drink his liquor, and shall leave the 


of the City of Houston 351 


premises; if he stay in and around said premises longer, he is 
guilty of loitering or loafing, as prohibited in this section. 
If any person shall remain in and around such establishment, 
loitering and drinking from time to time, he shall be guilty 
of loitering and loafing, as prohibited in this section. (July 
29°. 90 17 Ordisbkwe2npe 420, mete ls) 


Sec. 1054. Penalty—Any person loitering or loafing in or 
around any saloon or place where intoxicating liquors are 
sold, situated within a residence section of the City of Houston, 
as defined and prohibited in the preceding section, is guilty of 
an offense, and upon conviction thereof in the Corporation 
Court shall be fined in any sum not less than Five Dollars 
($5.00) nor more than One Hundred Dollars ($100.00) for 
each offense. (ld., Sec. 2.) 


Sec. 1055. Proprietor Permitting Loitering, Etc., Around 
His Establishment, Etc.; Penalty—If any person, the pro- 
prietor of any saloon or place where intoxicating liquors are 
sold, which is situated within any residence section of Houston, 
as herein defined, shall permit any person or persons to loiter 
or loaf in and around his establishment, as such terms are 
defined in Section 10538, or shall permit persons to congregate 
and remain in and around such premises, he shall be guilty 
of an offense, and upon conviction thereof in the Corporation 
Court he shall be fined in any sum not less than Five Dollars 
($5.00) nor more than One Hundred Dollars ($100.00) for 
each offense. (Id., Sec. 3.) 


Sec.1056. Saloon in Residence District, Etc.; Defined—A 
saloon or place where intoxicating liquors are sold is situated 
within a residence section of the City of Houston, in the mean- 
ing of the term as used in Section 1058, first, when the majority 
of the houses in the block or square in which said establish- 
ment is situated are places of residence, and not business 
houses; or second, when in the particular block or square, and 
in the tier of blocks surrounding same, taking them together 
as a whole, there are more residences than business houses; 
or third, when there is either a school or a church situated 
within four hundred (400) feet of said saloon or place where 
intoxicating liquors are sold. (Id., Sec. 4.) 


Sec. 1057. Unlawful to Purchase Intoxicating Liquor on 
Sunday; Penalty—That it is unlawful for any person to pur- 
chase intoxicating liquor in, about or from any saloon, bar- 
room or place where intoxicating liquors are sold at any time 


352 Revised Code of Ordinances 


on Sunday; and any person so doing shall be guilty of an 
offense, and on conviction in the Corporation Court shall be 
fined in any sum not less than Five Dollars ($5.00) nor more 
than Fifty Dollars ($50.00) for each offense. Each purchase 
shall constitute a separate offense. (Sept. 14, 1909, Ord. 
Bke2. pibd3,cmecs tLe) 


Sec. 1058. Unlawful to Drink Intoxicating Liquor in, 
Etc., Saloon on Sunday; Penalty—That it is unlawful for any 
person other than the owner of such establishment to drink in- 
toxicating liquor in or-about any saloon, bar-room or place 
where intoxicating liquors are sold at any time on Sunday; 
and any person so doing shall be guilty of an offense, and 
on conviction in the Corporation Court shall be fined in any 
sum not less than Five Dollars ($5.00) nor more than Fifty 
Dollars ($50.00) for each offense. (ld., Sec. 2.) 


Sec. 1059.  Loitering, Etc., in, Etc., Saloon on Sunday Pro- 
hibited; Penalty—That it is hereby declared unlawful for any 
person or persons at any time on Sunday, to congregate in or 
about any saloon, bar room or place where intoxicating liquors 
are sold; and any person or persons so doing shall be guilty 
of an offense, and on conviction in the Corporation Court 
shall be fined in any sum not less than Five Dollars ($5.00) 
nor more than Fifty Dollars ($50.00) for each offense. 
(Amendment Jan. 28, 1914, Ord. Bk. 4, p. 74, Sec. 1.) 


Sec. 1060. Definition Term “At Any Time on Sunday’— 
By the term, “at any time on Sunday,” as used in the next 
three preceding sections, is meant any time after twelve o’clock 
midnight on Saturday and prior to twelve o’clock midnight on 
Sunday. (ld., Sec. 4.) . 


Sec. 1061. Buying or Drinking in, Between Certain Hours 
Prohibited—It shall be unlawful for any person to either buy 
or drink within any saloon or place where intoxicating liquors 
are sold any intoxicating liquor after 9:30 o’clock p. m. on 
Saturday and between that hour and 6 o’clock a. m. on the 
following Monday of any week; or between the hours of 9:30 
p. m. and 6 a. m. of the following morning of any week day 
and it shall be a separate offense each time a person either buys 
or drinks intoxicating liquor either in or at said place within 
the prohibited hours. (Amendment Jan. 28, 1914, Ord. Bk. 4, 
p. 74, Sec. 1.) 


Sec. 1062. Penalty—That any person who shall violate 
the provisions of the preceding section shall be deemed guilty 


of the City of Houston 3538 


of a misdemeanor, and upon conviction shall be fined in any 
sum not less than Five Dollars ($5.00) nor more than One 
Hundred Dollars ($100.00). (1d., Sec. 1.) 


Sec. 1063. Construction Two Preceding Sections—The 
prohibitions contained in the next two preceding sections shall 
not be construed as authorizing the keeping open of any saloon 
or place for the sale of intoxicating liquors, or the sale or 
purchase of intoxicating liquors at any time when said acts 
are prohibited by the laws of the State of Texas. (Id., Sec. 8.) 


Sec. 1064. Unlawful to Conduct Saloon Without License; 
Penalty—That it is unlawful to conduct any saloon or place 
in which intoxicating liquors are sold at any locality in 
the City of Houston, unless the conduct of such business at 
such place has been duly licensed both by the City of Houston 
and by the State of Texas and County of Harris; and it is 
hereby declared unlawful for any person to lease to another 
any property or premises for the purpose of being used as a 
saloon or place at which to sell intoxicating liquor, unless 
such lessee is duly licensed both by the State of Texas and 
County of Harris, and by the City of Houston, to conduct such 
business in the said premises; and any person so conducting 
any saloon or place where intoxicating liquors are sold in any 
locality in the City of Houston without being so duly licensed 
or any person so leasing such property with the knowledge 
that the lessee has not such licenses both of the State and 
County and of the City, or after being notified by the City of 
Houston or other department of the government that such 
lessee has not such licenses, shall be guilty of an offense, and 
on conviction thereof in the Corporation Court shall be fined 
in any sum not less than Five Dollars ($5.00) nor more than 
Two Hundred Dollars ($200.00) for each offense, and it shall 
be a separate offense for each day that said property is leased 
for such unlawful purposes. (Sept. 9, 1907, Ord. Bk. 2, p. 448, 
Sec. 1.) 


Sec. 1065. When Saloon Is Licensed—No saloon or place 
in which intoxicating liquors are sold shall be considered 
licensed, within the meaning of the preceding section, unless 
the said licensee has both a valid existing license from the City 
of Houston and a valid existing license from the State of Texas 
and County of Harris, to conduct such business at the par- 
ticular property sought to be leased. (Id., Sec. 2.) 


Sec. 1066. What Term ‘Person’ Includes—The term 
“person,” as applied to the lessor in Section 1064, shall include 


354 Revised Code of Ordinances 


any person, individual, corporation, partnership, or other as- 
sociation of persons. 


Sec. 1067. Persons Forbidden to Purchase Intoxicating 
Liquor from Saloon, Etc., Not Licensed; Penalty—That it is 
unlawful for any person to purchase intoxicating liquor in or 
from any saloon, bar room or place where intoxicating liquors 
are sold, unless such place is, at the time of purchase, duly 
and legally licensed as a saloon or place where intoxicating 
liquors are sold, both by the State and County of Harris, and 
by the City of Houston, and any person so doing, with knowl- 
edge that such place has not been duly licensed by the City 
of Houston, or after being informed that such place has not 
been duly licensed by the State of Texas and County of Harris, 
or by the City of Houston, shall be guilty of an offense, and 
on conviction in the Corporation Court shall be fined in any 
sum not less than Five Dollars ($5.00) nor more than Fifty 
Dollars ($50.00) for each offense. Each purchase shall con- 
stitute a separate offense. (Sept. 9, 1907, Ord. Bk. 2, p. 449, 
Sec. 1.) 


Sec. 1068. Persons Prohibited from Drinking Intoxicat- 
ing Liquor in, Etc., Unlicensed Saloon; Penalty—That it is 
hereby declared unlawful for any person to drink intoxicating 
liquor in or about any unlicensed saloon, bar room or place 
where intoxicating liquors are sold, and any person so doing 
with knowledge that said place is not duly licensed, or after 
being informed that such place is not duly licensed, shall be 
guilty of an offense, and on conviction in the Corporation 
Court shall be fined in any sum not less than Five Dollars 
($5.00) nor more than Fifty Dollars ($50.00) for each offense. 
(Id., Sec. 2.) 


Sec. 1069. Persons Prohibited from Congregating in, Etc., 
With Knowledge Saloon Not Licensed; Penalty—That it is 
hereby declared unlawful for any person or persons to congre- 
gate in or about any unlicensed saloon, bar room or place in 
which intoxicating liquors are sold, and any person or persons 
so doing with knowledge that said place is not duly licensed, 
or after being informed that such place is not duly licensed, 
shall be guilty of an offense, and on conviction in the Corpora- 
tion Court shall be fined in any sum not less than Five Dollars 
($5.00) nor more than Fifty Dollars ($50.00) for each offense. 
(Id., Sec. 3.) 


Sec. 1070. Definition Term ‘‘Licensed Saloon, Etc.”—By 
the term ‘“‘licensed saloon or place where intoxicating liquors - 


of the City of Houston 355 


are sold,” or by the terms “duly licensed” and “legally li- 
censed,” as applied to such places in this chapter, is meant 
a saloon or place where intoxicating liquors are sold which 
is at the time legally licensed by both the State of Texas and 
- County of Harris, and by the City of Houston; and if said 
place, or the proprietor thereof, does not have at the time a 
lawful license from the City of Houston then in force, or does 
not have a lawful license from the State of Texas and County 
of Harris then in force, such place is not, within the meaning 
of this chapter, either licensed or duly licensed or legally 
licensed, as those terms are used in this chapter. (ld., Sec. 4.) 


Sec. 1071. Saloon Prohibited in Certain District—It is 
hereby declared unlawful to conduct any saloon or place in 
which intoxicating liquors are sold within the following limits, 
to-wit: 

Beginning at a point on Buffalo Bayou where Buffalo Bayou 
intersects with a line 100 feet west of the line of Heiner 
Street; thence south in a line distant 100 feet from Heiner 
Street to a point 100 feet north of the line of San Felipe Street; 
thence west in a line distant 100 feet from San Felipe Street 
to a point distant 100 feet east from the line of Valentine 
Street; thence north to a point distant south 150 feet from 
the line of Howard Street produced; thence west in a line dis- 
tant 100 feet north of San Felipe Street to a point distant 100 
feet east of the line of Lamb Street; thence north in a line 
which is distant 100 feet east from the east side of Lamb Street 
to a point 100 feet north of the north line of Howard Street; 
thence west to a point 100 feet east of the east line of Timp- 
son Street; thence north to Buffalo Bayou; thence down Buffalo 
Bayou to the place of beginning, according to the map of the 
Stewart Abstract Company. 


The City Council shall issue no license to conduct a saloon 
or liquor business within said district. (Aug. 17, 1908; Ord. 
Bk. 2, p. 481, Sec. 1.) 


Sec. 1072. Penalty—Any person violating the preceding 
section shall be guilty of an offense, and upon conviction there- 
of in the Corporation Court shall be fined in any sum not less 
than Five Dollars ($5.00) nor more than Two Hundred Dol- 
lars ($200.00), and each day said saloon, bar room or place 
where intoxicating liquors are sold is so conducted in violation 
thereof will be deemed a separate offense. (Id., Sec. 2.) 


Sec. 1073. Sleeping in Saloon, Etc., Prohibited; Penalty— 
Any person who sleeps in any theatre, playhouse or house 


356 Revised Code of Ordinances 


where spirituous, vinous or malt liquors are kept for sale shall 
be fined not less than One nor more than One Hundred Dollars. 
(May 22, 1905; Ord. Bk. 2, p. 187, Sec. 1.) 


Sec. 1074. Preceding Section Does Not Apply to Owners, 
Etc.—The preceding section shall not apply to owners or pro- 
prietors of such places, nor to persons regularly employed 
therein. (Id., Sec. 2.) 


of the City of Houston 357 


CHAPTER XXXVII. 


Sewers, Plumbing, Etc. 


Article 1.—General Provisions. 
2.—Laying of Lateral Sewers by Property Owners. 


ARTICLE 1. 
GENERAL PROVISIONS. 


Sec. 1075. City Engineer to Examine Plans—(a) The 
City Engineer is hereby charged with the supervision of 
plumbing and drain laying and shall keep a record of all per- 
sons qualified to do plumbing or drain laying in the City of 
Houston. It shall be the duty of said City Engineer to receive 
and examine all plans presented to him for plumbing and drain 
laying, and he shall approve such as are in accordance with — 
the ordinances of the City of Houston, and shall reject such as 
are not in accordance therewith, stating his reasons for rejec- 
tion, if requested to do so. (Oct. 31, 1910; Ord. Bk. 3, p. 1, 
Sec. 1.) 


Shall Inspect Before Covered—(b) He shall inspect or 
cause to be inspected all plumbing or drain laying before same 
is covered up, and when same is completed in accordance with 
the plans and specifications to his satisfaction, shall issue a 
certificate to the person doing the work, that same has been 
done in a proper and lawful manner. (Id.) 

When He Shall Decline to Certify—(c) In case said 
plumbing and drain laying has not been done in a. proper man- 
ner, either because of bad or imperfect work, or bad or im- 
perfect material, he shall refuse to certify said work and shall 
report that fact to the Mayor of said city and to the person 
for whom the work is being done. (Id.) 

When Work is Not Done According to Plans, Etc.—(d) 
And should said plumber or drain layer refuse to complete 
said job of work in accordance with the plans and specifica- 
tions to the satisfaction of said Engineer, it shall be the duty 
of said Engineer to report said fact to the owner of the prem- 
ises and to the Board of Examiners hereinafter provided, and 
to refuse to grant said plumber or drain layer a permit to do 
any further plumbing or drain laying, as the case may be, until 


said work has been properly done. (Id.) 
30 | 


358 Revised Code of Ordinances 


Sec. 1076. Definition Terms ‘Plumbing,’ ‘“Drainage’’ 
and “Drain Laying’—That when the terms “plumbing,” 
“drainage” or “drain laying’? are: mentioned in this article 
it shall be held to include and govern all work done and ma- 
terials used: 


(a) In introducing, maintaining and extending a supply 
of water through pipe or pipes or any appurtenance thereof, in 
any building, lot, premises or establishment. 


(b) In connecting or repairing any system of drainage 
whereby foul, waste or superfluous water, gas, vapor or other 
fluids are discharged or proposed to be discharged through a 
pipe or pipes from any building, lot, premises or establish- 
ment into any public or house sewer, drain, pit, box, filter-bed, 
or other receptacle, or into any natural or artificial water 
course flowing through public or private property, or in ven- 
tilating any house sewer or any fixture or appurtenance con- 
nected therewith. (Amendment March 9, 1914.) 


Sec. 1077. Permits—(a) No person shall make any con- 
nection with or opening into any public or private sewer, nor 
lay any drains, nor do any plumbing within the City of Hous- 
ton, without first having procured a permit for the particular 
job of work to be done from the City Engineer of said city 
and the City Engineer shall issue permits only after an appli- 
cation for same is made by the plumber or drain layer, accom- 
panied by plans and specifications showing the work to be done 
to the satisfaction of said City Engineer. (Oct. 24, 1910; Ord. 
Bke3 ap slsoeCece) 


When Permit Shall Not Be Granted; Examining Board— 
(b) And said City Engineer shall issue no permit for plumb- 
ing to any person who has not first been regularly licensed to 
do plumbing by the Examining and Supervising Board of 
Plumbers, composed as follows: 


The City Engineer, the Chief Plumbing Inspector, the City 
Health Officer, in his capacity as a member of the local Board 
of Health, and one master plumber of ten years’ experience 
and one journeyman plumber of at least five years’ experience ; 
said Board to be appointed by the Mayor and confirmed by the 
Board of Aldermen of said city, on or before the first Monday 
in November of each succeeding year, and a majority of said 
Board shall constitute a quorum and shall be a sufficient num- 
ber to grant or refuse a license. The several members of said 
Board (unless reappointed) shall hold office as members there- 
of for a term of not to exceed one year from the date of their 


of the City of Houston 359 


respective appointments, but no member of said board shall 
hold office for any fixed term, but shall always be subject to 
removal by the Mayor, or may be removed by the City Coun- 
cil, at the pleasure of the Mayor and Council, or either of them. 


The Examining and Supervising Board of Plumbers so cre- 
ated shall examine and pass upon all persons now engaged in 
the business of plumbing, whether as a master plumber, em- 
ploying plumber, or journeyman plumber in the City of Hous- 
ton, and all persons who may hereafter wish to engage in 
the business of plumbing as master plumber, employing plumb- 
er or journeyman plumber. 


All persons engaged in the business of plumbing, whether as 
a master plumber, employing plumber, or journeyman plumb- 
er, in the City of Houston, shall submit themselves to the 
Board for examination, and in default of so doing, it shall be. 
unlawful for them to engage in the business of plumbing, un- 
less and until examined and licensed. 


The Board shall issue a license ‘to such persons only as shall 
successfully pass a required examination; but are required to . 
issue license to all persons who shall successfully pass the re- 
quired examination, and shall not deny a license to any person 
who has successfully passed the required examination, be- 
cause of any other fact or consideration. Master plumbers, 
journeymen plumbers, employing plumbers, and plumbers 
generally, not residents of the City of Houston, but coming 
here for the purpose of doing work, shall be entitled to re- 
ceive a license on standing the required examination. 


If such persons exhibit a license in force issued by any law- 
fully organized Examining and Supervising Board of Plumb- 
ers in the State of Texas, license shall issue to such persons 
without examination, said license to terminate at the date of 
termination of the license they already hold, not to exceed one 
year from date of application to the Houston Board. 


Examination of drain layers by the Board shall not be re- 
quired. 


The Board shall register in a book to be kept for that pur- 
pose the names and places of business of all persons to whom 
a plumbers’ license is issued. 

They shall not issue license for more than one year, but the 
same shall be renewed from year to year Upon proper appli- 
cation. 

Each applicant for examination for plumbers’ license shal] 
pay to such person as the Examining and Supervising Board 


360 Revised Code of Ordinances 


of Plumbers may designate to receive the same, the sum of 
Three Dollars ($3.00) for each master plumber examined, and 
the sum of Two Dollars ($2.00) for each journeyman plumber 
examined, which fees may be used by said Board to defray 
any of its legitimate expenses, the residue, if any, to be paid 
over to the Treasurer of the City of Houston. 


Members of the Examining and Supervising Board of 
Plumbers shall receive no compensation for their services on 
said Board. Said license shall be non-transferable and said 
examination and examination fee shall not be required of the 
same person more than once. (ld.) 


Sec. 1078. Shall Have Examining and Supervising Board 
License; Bonds—No license shall be issued for the City of 
Houston by the City Engineer to any plumber, unless he shall 
— first exhibit to the City Engineer a lawful license in full force 
and effect issued by the Examining and Supervising Board of 
Plumbers of the City of Houston, nor until he has given a good 
and sufficient bond, satisfactory to the Mayor of the City of 
Houston, as follows: (ld., Sec. 3.) 


Each master plumber shall give a bond in the sum of Two 
Thousand Dollars ($2000.00), and each drain layer shall give 
a bond in the sum of One Thousand Dollars ($1000.00) ; said 
bond shall be conditioned upon the faithful performance and 
observance of all ordinances of the City of Houston pertain- 
. ing to plumbing and drain laying, or excavations, and all rules 
and regulations and specifications established under said or- 
dinances, and conditioned further, that said plumber or drain 
layer will indemnify and save harmless the City of Houston 
and all other persons against all accidents and damages caused 
by any negligence in protecting the work, or by any unfaithful 
or unskilled work done by themselves. (Amendment Jan. 21, 
1914.) | 


Said bond shall be for the benefit of any person aggrieved 
or injured by reason of failure to properly observe the ordi- 
nances of the City of Houston in the execution of said work. 


Said bond shall be renewed on the first day of March of each 
successive year, or sooner on demand by the Mayor. And if 
a firm or corporation be engaged in a plumbing or drain lay- 
ing business the actual work of plumbing can be done only by 
some person licensed by the Examining and Supervising 
Board of Plumbers, and holding a valid license issued by the 
City of Houston through the City Engineer, after giving the 
bond required by law. | 


of. the City of Houston 361 


— 


The City Engineer shall issue no license to a drain layer un- 
til he has first given the above bond, and satisfied the Engineer 
of his competency. (lId., Sec. 3.) 


Sec. 1079. Filing of Plans—(a) It shall be the duty of 
every plumber and drain layer before commencing the con- 
struction of new or reconstruction of old work to file in the 
office of the City Engineer duplicate plans of all work ex- 
pected to be done, showing the course and grade of all drain 
pipes, course and location of all soil, waste and vent pipes, the 
arrangement and connection of all fixtures, the position of all 
traps and the manner of ventilating them and such other and 
further details as the City Engineer may require. 


Plans to Be O. K.’d by Plumbing Inspector—(b) It shall 
be the duty of said Engineer to refer said plans to the Plumb- 
ing Inspector for his opinion, and to examine said plans, and 
if he approves same, he shall put his O. K. and signature upon 
one copy of said plans and return same to the party filing 
same, and shall file away in the archives of his office the du- 
plicate copy for reference, and shall issue a permit for doing 
this particular work. 


Application to Be O. K.’d by Water Department—(c) 
But if the work in any way affects the Water Department the 
Engineer shall in no case issue the permit, unless and until the 
applicant first exhibits to the Engineer a permit to do the par- 
ticular work from the Water Department. 


Plans Shall Not Be Changed, Except—(d) Any plumber 
or drain layer who shall make any material variation in the 
work done under said approved plan without first having sub- 
mitted same to the City Engineer for approval, and without 
having secured said approval, shall be guilty of an offense. 


Plumbing or Drain Laying Work Without Permit an Of- 
fense—(e) And any person who shall do any plumbing or 
drain laying work, for which particular work a permit has not 
been issued by the City Engineer, shall be guilty of an offense. 


Must Have Water Department Permit—(f) Any plumber 
or drain layer doing work on any water pipe or connection 
must procure a permit from the Engineer’s Department, and 
the City Engineer shall in no case issue a permit for any work 
in any way affecting the Water Department until the appli- 
cant shall first exhibit to the Engineer a permit for the par- 
ticular work from the Water Department, and if any plumber 
shall do such work without first procuring said permit from 


362 Revised Code of Ordinances 


the Water Department, he shall be guilty of an offense. (lId., 
Sec. 4.) 


Sec. 1080. Must Show Permit and License—(a) It shall 
be the duty of every person doing work as a plumber or drain 
layer in the City of Houston to show his certificate issued by 
the Board of Examiners, as hereinbefore provided, and his 
city license and permit to any inspector of plumbing, sanitary 
policeman, or regular policeman, who shall ask to see same. 

Certificate and License—When Canceled—(b) Said cer- 
tificate and city license shall specify the kind of work the per- 
son is entitled to engage in, whether plumbing or drain laying, 
or both. Said certificates and city license shall remain in full 
force and effect (except when otherwise specified in this ar- 
ticle) one year from date issued, unless sooner suspended or 
canceled by the Board of Examiners or City Engineer, and 
said Board of Examiners and City Engineer are hereby author- 
ized to cancel and recall the certificate, or the city license, re- 
spectively, of any plumber or drain layer who has been twice 
convicted of violation of the plumbing ordinances of said city, 
or who shall refuse to do any specific job of work in accord- 
ance with the plans and specifications O. K.’d by the City Engi- 
neer. No work done by any plumber or drain layer without 
having first procured a permit therefor shall be accepted by 
the City Engineer or Chief Inspector of Plumbing. But it 
shall be the duty of said City Engineer or Chief Plumbing In- 
spector to report each and every such case to the Mayor and 
also to the person for whom said work is being done. (Id., 
Sec. 5.) 


Sec. 1081. Shall Have Deposit With City Assessor and 
Collector to Cover Inspections—(a) It shall be the duty of 
every licensed plumber or drain layer to deposit with the City 
Assessor and Collector of Taxes, not to be returned except on 
the written order of the Engineer, a sum sufficient at all times 
to pay the fee of inspection of work to be done by such plumber 
or drain layer, and also the amounts provided for in Regula- 
tion 101 herein. For each inspection the sum of One Dollar 
($1.00) will be charged against the deposit, and the City En- 
gineer shall be the judge of the number of inspections to be 
made. 

No permit shall be issued to any plumber or drain layer for 
any particular job of work until said deposit has been made to 
the satisfaction of said City Engineer. 

Notify City Engineer When to Inspect—(b) It shall be 
the duty of all plumbers and drain layers to notify the City 


of the City of Houston 363. 


Engineer when the work is ready for inspection, and no work 
shall be covered up or concealed until it is inspected and ac- 
cepted by said Engineer. 


Covering Up Work Not Inspected, an Offense—(c) And 
any plumber or drain layer who shall do work and shall cover 
up and conceal same without having notified the City Engineer 
and without having had said work inspected by him shall be 
guilty of an offense. 


Work—By Whom Done—(d) All work must be done by 
the plumber or drain layer in whose name the permit is issued, 
and when the work is done by a firm or corporation the permit 
must be issued in the name of the person doing the work for 
said firm, who must be a regular licensed plumber. 


City Engineer’s Blank Must Be Used—(e) All permits 
must be upon blank forms furnished by the City Engineer and 
shall be written with ink and shall give a clear description of 
the property to be drained, and the drains to be constructed 
and the list of vaults, water closets, sinks, down-spouts and 
all other fixtures to be connected therewith, a copy of which 
permit shall be retained by the City Engineer and filed along 
with the plans of the work authorized to be done under said 
permit. (lId., Sec. 6.) 


Sec. 1082. Plumbers, Etc., Without License, Etc., Shall 
Not Be Employed, Etc.; Water May Be Cut Off—That it 
shall be unlawful for any person, firm or corporation, or agent, 
receiver or trustee, to cause or permit any job of plumbing or 
drain laying or make any connection with, or opening into, 
any private or public sewer or lay any drains or do any plumb- 
ing in connection with any property owned, managed or con- 
trolled by such person, firm or corporation, agent, receiver or 
trustee, unless the plumber or drain layer doing said work has 
been licensed and registered as required by the ordinances of 
the City of Houston, and has received a permit from said city 
as by ordinance required to do said particular plumbing or 
drain laying work, and any person, firm or corporation, agent,,. 
receiver or trustee, causing or permitting any such work to be 
done in violation of the provisions hereof, shall be guilty of an 
offense, and in addition to such penalties as are imposed by 
ordinance the City of Houston shall have the right to cut off 
the water supplied to such property by it through its pipes 
and to refuse to turn on and furnish water to said property 
until the violations of this section have been corrected to the 
satisfaction of the Plumbing Inspector and Water Commis- 
sioner. (Feb. 19, 1914; Ord. Bk. 4, p. 171, Sec. 1.) 


364 Revised Code of Ordinances 


Sec. 1083. City Shall Have Right to Connect With Pri- 
vate Sewers—The city shall have the right at all times, 
through the City Engineer or Chief Plumbing Inspector, to 
connect with and use any private sewer built upon any public 
street, alley or highway, to use the same for any public pur- 
pose, or to reconstruct or close up or disconnect any private 
sewer which may from any cause have become a nuisance. 
(Oct. 24, 1910; Ord. Bk. 3, p. 1, Sec. 7.) 


Sec. 1084. Deposits, Etc., in Sewers, Etc., Prohibited; 
Connections by Slaughter Houses, Etc.—(a) No person 
shall deposit or throw into any sewer, manhole, catch basin or 
flush tank, or into any private drain connecting with public 
sewer, any straw, hay, shavings, tinner’s scraps or refuse of ° 
manufactories, ashes, rags, garbage or any other substance 
which may cause the sewer or drain to become stopped. No 
slaughter house, rendering establishment, chemical works, 
steam engine or exhaust of boilers, by which, in the opinion of 
the City Engineer, anything will be discharged into sewers, 
tending to injure them, or to cause obstructions or a nuisance, 
shall be connected with the public sewers, except through a 
catch basin, or in some other manner that will prevent injury 
to the sewer. 


Manholes Not to Be Used as Water Closet, Without Per- 
mission, Etc.—(b) No manhole shall be used as a water 
' closet without permission from the City Engineer or Plumbing 
Inspector, and then only by complying with the rules and blue 
prints on file at the office of the City Engineer. (Amendment 
March 9, 1914.) 


Sec. 1085. Obstruction to Sewer—If the drainage dis- 
charged from any slaughter house, chemical works or manu- 
facturing establishment shall form a deposit obstructing a 
sewer, or if ashes, manure, rags or any other substance thrown 
into a sewer or sewer inlet shall choke or obstruct the same, 
the City Engineer shall immediately remove the obstruction, 
and shall certify an account of the cost to the person or per- 
sons causing the obstruction, and if said person or persons 
shall neglect or refuse to pay said sum so certified to into the 
city treasury within five days after demand, he or they shall 
be guilty of an offense, and in addition thereto the City. of 
Houston, in any court having jurisdiction, may recover the 
amount of cost thereof, including a reasonable amount as at- 
torney’s fees. (Oct. 24, 1910; Ord. Bk. 3, p. 1, Sec. 9.) 


of the City of Houston 365 


Sec. 1086. When Engineer Has Power to Stop, Etc., Dis- 
charges Into Sewers—The City Engineer shall have the power 
to stop and prevent from discharging into any public sewer 
any private sewer or drain through which substances are dis- 
charged that are liable to obstruct or clog the public sewer 
or in any manner injure it, and to that end may, after five 
days’ notice to owner or owners thereof, disconnect any such 
private sewer or drain, and it is made his duty to do so. (Id., 
Sec. 10.) 3 


Sec. 1087. Down Spouts, Etc., Not Permitted to Connect 
With Sanitary Sewers—No down-spouts, yard or street drains 
or street gutters will be permitted to connect with the sani- 
tary sewers. (lId., Sec. 11.) 


Sec. 1088. Privy Vaults, Etc., Must Have Flushing Ar- 
rangements—All privy vaults or water closets connecting 
with the public sewers must have flushing arrangements con- 
nected therewith, and if not provided after ten days’ notice it - 
shall be the duty of said Engineer or Inspector to discon- 
nect same. (lId., Sec. 12.) 


Sec. 1089. Inspections of Manholes, Catch-Basins Month- 
ly—The City Engineer will make, or cause to be made, by a 
competent inspector, a thorough and complete inspection of all 
sewers, manholes and catch-basins at least once every month, 
and shall make a written report to the Council, showing the 
condition of sewers, manholes and catch-basins, at the first 
regular meeting in each month, a copy of which shall be kept 
on file in said Engineer’s office. 


Such report shall state the number and character of obstruc- 
tions found in sewer pipes, if any, and the cost of removing 
such obstructions. He shall keep and maintain, in proper 
books, a complete record of all matters pertaining to the main- 
tenance of the public sewers, and shall at the end of the fiscal 
year make a full report of the same to the Mayor and Council. 
Such report shall show the total number of private house con- 
nections with the public sewers, and the number of such con- 
nections made during the year. (Id., Sec. 13.) 


Sec. 1090. Septic Tanks—That it shall be lawful to con- 
struct sanitary septic tanks in those portions of the City of 
Houston not within three hundred (800) feet of any sanitary 
sewer, provided, that in the construction of any such tank, 
plans and specifications for the same shall be submitted to the 
office of the City Engineer showing the location and size of 


366 Revised Code of Ordinances 


same and the number of persons it is designed to serve, and 
a duplicate of said plans and specifications shall be filed with 
the City Engineer as in other applications for permits. 


Provided further, that before the construction of said septic 
tank is begun a permit therefor shall be obtained from the 
office of the City Engineer. 


Said septic tank herein provided for shall be abandoned 
and discontinued as soon as sanitary sewer connections are 
available and whenever there is a sanitary sewer within three 
hundred (300) feet of said septic tank, connection therewith 
must be made; provided, that should any septic tank become 
a nuisance through negligence on the part of the owner or 
lessee, that same shall be remedied by the owner or lessee 
thereof, and in case of failure by the City Health Department 
at the expense of said owner or lessee; and provided further, 
that the Sanitary Police Officers are hereby authorized to in- 
spect said septic tanks periodically and to report the condi- 
tion of same to the Chairman of the Health Department, or 
City Health Officer; and provided further, that said septic 
tank shall be discontinued at any time if in the opinion of the 
City Health Officer, or of the City Council, it is advisable so 
to do; and such tanks, when constructed, must be subject to 
such discontinuance by the City Health Officer or by the City 

Council. (Id., Sec. 14.) 


Sec. 1091. Special Provisions Affecting Water Depart- 
ment: 


Unlawful to Turn on Water—(a) It shall be unlawful for 
any person to turn on the water to any premises from which 
the supply has been turned off by authority of the City of 
Houston, without first having obtained a permit to do so from 
the Water Department of the City of Houston. 


Water Department Only to Give Permit—(b) No per- 
son, other than the properly authorized agents of the Water 
Department, shall be permitted to tap or make any connection 
with the mains or distributing pipes of the Water Works. No 
persons shall make any attachments or connections to the 
pipes belonging to Water Works or the pipes belonging to 
water consumers, nor make any repairs or additions to or 
alterations in any tap, pipe cock, or other fixture connected 
with the service water pipes, unless he shall have a pyateen 
permit from the Water Department. 

Must Report to Water Department Within Forty-Eight 
Hours—(c) Within forty-eight hours after completing any 


of the City of Houston 367 


attachment or connection, or making any repairs, additions 
or alterations, the plumber shall make a true return, in writ- 
ing on permit, of all the work done by him under such permit, 
and file same in the office of the Water Department. 


Water Department’s Control of Pipes, Etc.—(d) That 
part of the service connection extending from the main to 
the curb, including the corporation cock, lead pipe, galvanized 
pipe, stop-cock and stop-cock box, and also the meter and me- 
ter-box, continues under the control of the Water Department, 
to be maintained by the Water Department, and cannot be re- 
moved, repaired or tampered with except by order from the 
Water Department. 


Pumps Shall Not Connect With Mains—(e)_ In all cases 
where private pumps are connected for the purpose of increas- 
ing the velocity or pressure of the water they will not be per- 
mitted to draw direct from the main. Such pumps must take 
the supply from a reservoir into which the water has already 
been delivered by ordinary water works pressure. 


Damage to Meters by Hot Water, Etc.—(f) In all cases 
where boilers or hot water tanks are supplied, the plumbing 
shall be done in such manner as will prevent the hot water 
from backing into the meter. The owner of the premises will 
be held responsible for all damages to meters resulting from 
hot water backing up into them. 


Stop-Cocks and Connections—(g) All water connections 
shall be provided with a stop-cock, placed within a cast iron 
box, leading from the same to the surface of the sidewalk ; the 
cover of which box shall have the word “‘Water’’ thereon, and 
the same shall be placed in the sidewalk, within one foot of 
the line of the curbstone, so that the word “Water” can be 
read from the sidewalk, but such work must be done by the 
Water Department only. Feed pipes for each premises must 
be equipped with an additional private stop and waste-cock for 
draining the premises to prevent freezing and for turning off 
water for repairs to defective plumbing. 


Fixtures and Stop-Cocks, Must Be Approved—(h) All 
stop-cocks and other fixtures used by plumbers must bear the 
maker’s trademark or name, and same shall be subject to the 
inspection and approval of the Water Commissioner. 


Valves for Water Troughs, Etc.—(i) Water troughs 
must be provided with a float valve to prevent overflowing, and 
the owners of troughs must keep the same in good working 
order. 


368 | Revised Code of Ordinances 


Must Not Use Fire Service Pipes—(j) Service pipes in- 
tended for fire protection or for supplying power for elevators 
or other hydraulic motors, must not be tapped or used for the 
general supply of the premises; such supply must be taken 
through a separate service pipe. 


Fire Service Pipe—When Not Permitted—(k) No service 
pipe for fire protection will be allowed in premises that do not 
also have a pipe for the general supply of the same. 


Service for Elevators, Etc.—(1l) All service pipes for sup- 
plying hydraulic elevators, or other large motors, must have 
suitable air chambers attached thereto for the purpose of pre- 
venting water-ram in the pipes. And the owners or users of 
such elevators or motors must keep the same in good repair. 
so as to prevent all leakage or waste of water. They shall also, 
at their own expense, have placed in all service pipes intended 
for supplying hydraulic elevators or other hydraulic motors, 
water meters that shall record accurately the quantity of water 
used, and such meters shall be approved by the Water Com- 
missioner. : 


Water to Be Used Only as Application Asked For—(m) 
No person shall apply water to any use different from that 
named in the written application for water nor shall any con- 
sumer supply water to other persons or to other families, or 
suffer them to take water except for use on the premises for 
the purpose specified in the application, nor shall any person, 
after water is introduced into any building or upon any prem- 
ises, make or employ any plumber or other person to make, 
nor shall any plumber make any tap or connection with the 
works upon his premises, for altering, repairing, extensions, 
or attachments, without a written permit from the Water De- 
partment, specifying the particular change to be made and a 
permit from the City Engineer. 


No Connections Made Only on Order of Water Depart- 
ment—(n) No person shall in any case make connections 
with the supply pipes of another consumer of water unless, 
first, connection is made with the consent of the owner of the 
supply pipe, and unless, second, such connection is made on the 
sidewalk, or in the street, and not on the premises of the own- 
er of the supply pipe; nor shall such connection be made in any 
case except on written application to the Water Department, 
signed by the person desiring to make same, and on the permit 
from the Water Department of the city; and a permit also 
from the City Engineer. 


of the City of Houston 369 


When Water Can Be Turned On—(0) Before water can 
be turned on to premises permanently, the owner of property 
must show to the Water Department a written order from the 
Plumbing Inspector, which shall state that the plumbing has 
been completed in strict accordance with the ordinances of the 
City of Houston, and is ready for the water to be turned on; 
any person turning on the water, or procuring another person 
to turn it on, without this order from the Plumbing Inspector, 
shall be guilty of an offense. 

Violations of Provisions This Section an Offense—(p) 
Any person violating the foregoing provisions and require- 
ments of this section, or any of them, or any part of same, shall 
be guilty of an offense. (Id., Sec. 14a.) 


Sec. 1092. Regulations Governing Construction and Ma- 
terials to Be Used in, Sewers, Drains, Plumbing, Etc.: 


Sewer Pipes to Be Laid in Direct Line, Etc.—(1) In laying 
- sewer pipes the plumber or drain layer shall lay them in a 
straight direct line from the opening in the city main or pri- 
vate sewer to the end of the house drain. 


How Sewers Shall Be Laid—(2) All sewers shall be laid 
with the greatest possible fall from the end of. the house drain 
to the main, or private sewer opening, and no line shall be laid 
with less than two per cent grade. All changes of direction 
must be made with Ys and one-eighth bends. The sewer pipe 
shall be vitrified earthenware, hard. burned, glazed and free 
from defects and cracks. Bowed or curved joints shall be 
termed defective. All pipes shall receive spigot ends with a 
clear space all around of at least three-sixteenths of an inch. 


Ditches Graded—(3) All ditches must be properly bot- 
tomed to a perfect grade before sewer pipe is laid. No sewer 
shall be laid on made or filled ground in bottom of ditches or 
otherwise, except as hereinafter mentioned. When sewer 
diches are cut through filled or made ground the pipe shall be 
laid on 2x10 cypress plank with piling at least eight feet cen- 
ters and of sufficient length to sink deeply enough in the 
ground to make a solid foundation. 


Ditches—Back Filling—(4) The back filling must be prop- 
erly and solidly tamped under the pipes and at its sides and 
to the height of twelve inches above it. 


Tile Pipes—Where Used—(5) No earthenware pipe shall 
be used nearer than four (4) feet from the outside of the foun- 
dation or outer wall of any house either approaching or paral- 
lel with such wall, or across ditches when suspended, and in 


370 Revised Code of Ordinances 


no instance will the tile sewer pipe be allowed under a house of 
any kind. Where tile sewers exist now, or did exist before the 
passage of this ordinance, under houses or buildings, or pass- 
ing through property, or connecting adjoining premises to a 
public or private sewer, and other buildings or structures are 
to be erected over said tile sewer, such erection shall be gov- 
erned by the following: (a) The sewer must be in good 
condition and not less than 2 feet 6 inches under ground at the 
shallowest point under the building; (b) Only one connection 
will be permitted from the new or remodeled structure to said 
sewer and this connection must be made at some convenient 
point, either outside or under the building, and other branches — 
run shall terminate at this one central point only. (c) Such 
connections and such sewer will be governed by all other con- 
ditions required by this article. (Amendment March 9, 1914.) 


Sewer Connections—Separate—(6) Every building shall 
be connected with a public sewer where there is any such sewer 
in the street or alley adjoining such building or within three 
hundred (3800) feet thereof. Where two or more buildings 
are located on one lot fronting 125 feet or less on street, and 
this lot is owned by one party, one sewer connection to city 
main may be used for all; otherwise each building shall be in- 
dependently connected, but in such cases the common stem 
running to city sewer and to which the sewer from each house 
connects, shall in all cases, where possible, be run in the side- 
walk. 

Sewer Connections, How Made—(7) No person shall cut, 
tap or cause to be cut or tapped, any public or private sewer 
in which there exists a branch or junction opposite to the build- 
ing, lot premises, or establishment to be connected. Informa- 
tion concerning the location and depth of public and private 
sewers, and the position of branches or junctions will be fur- 
nished when requested by the City Engineer. All reasonable 
care will be taken to insure the correctness of such informa- 
tion, but such information will not be in any case guaranteed. 


Sewers; Covering, Etc.—(8) No part of such drain con- 
structed of tile shall be less than one and one-half feet below 
the surface of the ground, except on private property where 
there is no wagon traffic over same, which then may be laid 
with one foot covering, including street ditches. 


Such parts as are laid at the less depth must be made of 
extra heavy cast iron pipe with joints made as hereinafter pre- 
scribed for soil pipe, but in all cases where sewers are laid in 
the streets, avenues or alleys, they shall be at least one and 


of the City of Houston Sey 


one-half feet in depth below the surface, and an EXH cast iron 
increase must be used when cast iron pipe receive spigot ends 
of tile sewer pipes or house drains. (Amendment March 38, 
1914.) 


Sewer; Final Connection—(9) No such drains shall be 
finally completed so as to admit the waste of the building to 
reach the public or private sewer until the plumbing in the 
building to be connected has been approved and passed by the 
City Engineer or Plumbing Inspector as being in full accord- 
ance with the rules herein set forth. 


Sewer; From One Lot to Another—(10) No person shall 
run or cause to be run a sewer through from his lot or portion 
of a lot or from any structure thereon, and connect with a 
sewer on or from another person’s lot, unless permission is 
granted by the City Engineer and by the owners of such other 
lot. | : 


Sewer Connections; When Compulsory—(11) The prop- 
erty owners who own real property within the distance of 
three hundred (300) feet of any public main or lateral sewer, 
shall, upon notice in writing from the City Health 
Officer, make proper and permanent connection with said 
sewers, and remove all surface privies and _ cesspools; 
and any person owning such real property who, after being 
given reasonable notice by order of the City Health Officer, 
shall fail to connect with said sewers, or remove or fill up such 
privies or cesspools, shall be guilty of an offense, and each day 
such failure shall continue shall constitute a separate offense. 


Sewer Connections, When No Y Exists—(12) Whenever 
it shall have been positively ascertained that no suitable inlet 
exists to serve the property concerned, and if the public or pri- 
vate sewer be a pipe sewer, 6, 8, 10 or 12 inches in diameter, 
the connection shall be made either by a cast iron saddle, ap- 
proved by the Plumbing Inspector, or by taking out a length 
of pipe and substituting therefor a “Y” branch of a proper 
size, the manner of making each connection to be as directed 
by the Plumbing Inspector. 


Sewers; When Tapped—(13) If the public or private 
sewer has a diameter of fourteen (14) inches or more, the 
plumber or drain layer shall cut a hole of the least practicable 
size in the sewer, and the connection shall be made by means 
of a connecting thimble of the same size and material as the 
house sewer and of such length that the hub shoulder thereof 
shall rest against the outer surface of the sewer and no portion 
extending within it. 


372 Revised Code of Ordinances 


Sewer Joints, How Made—(14) All joints shall be made 
with Portland cement, or its equal, not more than two parts 
sand being used to one part cement. All joints must be made 
by first inserting a swab of the full diameter of the pipe, the 
bell shall be filled to the spring line with cement mortar, the 
spigot end properly inserted in the bell, the joint to be ce- 
mented on the outside to a bevel finish at the end of the bell 
and the swab drawn out and the pipe cleaned. 

Sewer Connections on Deep Sewers—(15) On deep sew- 


ers of more than seven (7) feet depth the stack or vertical 
when meeting a new grade shall be run in a recess cut in the 
side of the ditch to insure against its settling or buckling. 


Sewer Permits on Job—(16) The man in charge of the 
sewer ditch must be present when the work is inspected and 
have all permits with him. He must have a good level and line, 
and must give such necessary information as may be required 
of him. 


Sewers Covered Before Inspection—(17) No person shall 
cover, or cause to be covered, any house sewer, or other con- 
nection with a public or private sewer, without due inspec- . 
tion and approval of the same by the City Engineer or Plumb- 
ing Inspector. If this is violated the said Engineer or Inspec- 
tor shall make the excavation necessary for the examination at 
the expense of the plumber or drain layer, whose license shall 
be suspended by said Engineer until said expense is paid and 
for such longer period as the Board of Examiners may direct, 
and who shall be subject to prosecution for violation of the or- 
dinance as herein otherwise provided. 


Traps for House Sewers—(18) <A running or “P” trap of 
form approved by the City Engineer or Plumbing Inspector 
shall be placed on every house sewer on the inside or outside of 
the foundation wall. It shall be provided with a cast iron ver- 
tical brought to the surface, closed at the upper end with a 
cleanout plug. 

Fresh Air Inlet-—(19) A fresh air inlet must be connected 
with the house drain just inside the house-trap. Where un- 
der ground must be of cast iron. It must extend to the outer 
air and finish with a return bend at least one foot above the 
grade and ten (10) feet away from any window or cold air box. 
When this arrangement is not possible, it may be brought 
through the curb and having a grating not less than six (6) 
inches in diameter. | 


If the house sewer trap be of terra cotta, the fresh air inlet 
shall be terminated with a length of cast iron pipe not less 


of the City of Houston 313 


than four (4) inches in diameter. Any terra cotta fresh air 
inlets removed for cleaning or repairing of trap, shall be re- 
placed as provided in new work. The main trap on what is 
known as the South End Sewer Extension may be omitted 
on request of the owner or agent. 

Sewers—When Defective and Roots of Trees—(20) 
Whenever a house sewer or drain is obstructed with tree roots 
or found broken or defective, so that the sewage or drainage 
escapes therefrom into the surrounding soil or into the adja- 
cent premises, the Engineer or Inspector of Plumbing shall 
condemn such sewer and order its repair or replacement. If 
the defective sewer is of terra cotta he may direct its replace- - 
ment with cast iron to an extent conformable with these rules 
and regulations. 


Sewers—Deposits Prohibited—(21) It shall be unlawful 
for any person to dump or place night soil, garbage, butchers’ 
offal, dead animals or obstructions of any kind whatsoever in 
any sewer of the City of Houston. 


Sewers—Water Backing Into Premises—(22) All per- 
mits for connecting with public or private sewers are given on 
the condition that the owner takes all risk of damages that 
may result from water setting back into premises from sewer; 
and in order to prevent as much as possible the setting back of 
water, a self-acting or other valve shall be used. 


Stacks—When Compulsory—(23) There must be at least 
one four-inch stack on every independent connection with main 
sewer. 


Drain Layer’s Duties—(24) The holder of a sewer or 
drain layer’s license shall be authorized to lay, clean out or 
repair sewer drains, including connections with public or pri- 
vate sewers. 


Architects to Notify Plumbing Inspector—(25) For the 
best interest of all parties concerned, the architects are re- 
quired to notify the Inspector of Plumbing whenever they have 
any plans completed for buildings to be erected in the city, so 
that the Inspector may examine the plans and approve or alter: 
them before the plumbers figure on the plumbing work. 


Unreasonable Delay in Work—(26) Bad faith or unrea-. 
sonable delay in the performance of plumbing work shall be 
deemed a sufficient reason for subjecting the plumber so of- 
fending to a suspension of his license, and every plumber shall 
be held responsible for the violation of these regulations by la- 


borers and helpers employed by him. 
31 


374 Revised Code of Ordinances 


Yard Closets—(27) Yard closets shall be placed in suit- 
able buildings that are set upon a firm foundation at least 
4x 4x8 ft. high. The use of old and dilapidated box closet houses 
for this purpose is prohibited, unless they conform to this sub- 
division. (Amendment Mar. 9, 1914.) 

Soil, Waste and Vent Pipes—Where Placed—(28) All 
cast iron soil and waste pipes underground and all such pipes 
in buildings over three (3) stories in height, carrying dis- 
charges from water closets and waste from other fixtures, must 
be extra heavy with corresponding fittings. In buildings less 
than three stories in height, the aforesaid pipes may be of qual- 
ity known as standard, with extra heavy hubs. This section 
will not be so construed as to prevent the use of standard cast 
iron pipe in the ground for residences, barber shops, saloons, 
yard closets or additions to plumbing in old buildings where 
not more than 20 feet of pipe is necessary to make an exten- 
sion. (Amendment Mar. 9, 1914.) 

Pipes on Outside of Buildings—(29) Written permission 
will have to be obtained for the placing of soil, waste, or vent 
pipes on the outside of buildings. 


Vent Pipes—Termination— (30) When soil, waste or vent 
pipes receive the discharge of fixtures on any floor above the 
first, they must be extended in full calibre at least two feet 
above the roof and well away from all shafts, chimneys, win- 
dows or other ventilating openings. Pipes opening within 
twenty (20) feet of any window shall be carried up and con- 
tinue above the main roof, and every stack in buildings of sev- 
en or more stories shall be full size throughout. 


Pipes—Soil and Waste Qualities—(31) All cast iron soil 
and waste pipes under ground and in buildings over three (3) 
stories in height, carrying discharges from water closets and 
waste from other fixtures, must be extra heavy, with corres- 
ponding fittings. In buildings less than three stories in height, 
the aforesaid pipes may be of quality known as standard, with 
extra heavy hubs. This section will not be so construed as to 
prevent the use of standard cast iron pipe in the ground for 
residences, barber shops, saloons, yard closets, or additions tc 
plumbing in old buildings where not more than 20 feet of pipe 
is necessary. to make an extension. 


Fittings—Quality and Grade—(32) All fittings used in 
connection with iron pipes shall correspond with them in 
weight and quality, and, if of wrought or malleable iron, shall 
be galvanized. Fittings on wrought iron soil and waste lines 
must be standard cast iron recessed and threaded drainage fit- 


-of the City of Houston BY: 


tings, tapped with a slope of one-quarter (14-in.) inch to the 
foot for horizontal runs. 


Cleanouts— (33) Proper sized cleanout fittings shall be 
installed at the foot of all stacks, changes of horizontal direc- 
tions and ends of lines. 


When cleanouts come under floors or grade lines they must 
be brought up flush with level of same. When cleanout comes 
within six inches of wall it shall be brought through same and 
up to grade line. All cleanouts must be left in plain sight and 
accessible at all times. 


On soil or waste pipes four inches or more in diameter, heavy 
iron bodied brass cleanouts not less than four inches in diam- 
eter shall be used, all others to be the same diameter as pipes. 


Fittings Approved—(34) Approved fittings shall be used 
for all connections in drains, soil and waste and vent pipes of 
iron or brass, and no iron drain, soil, waste or vent line shall 
be tapped. 


Pipes to Be Sound—(35) All pipes shail be sound, cylin- 
drical, smooth, free from all cracks, sand holes and other de- 
fects, and of uniform thickness. 


Pipes—Standard—(36) Standard cast iron pipes and fit- 
tings shall be no less than one-eighth of an inch wall thickness, 
with extra heavy hubs. 


Pipes—Extra Heavy—(37) Extra heavy pipes, when re- 
quired by this article, must not be less than one-fourth of 
an inch wall thickness. 7 


Pipes and Fittings—Coating—(38) All cast iron pipes 
and fittings shall be tar-coated inside and outside or with a 
coating equally as good. 


Pipes—Wrought Iron Quality—(39) When wrought iron 
soil, drain or waste pipe is used in a building it shall be stand- 
ard galvanized iron pipe, not less than one and one-half (114) 
inches in diameter, and shall not be used under ground, except 
as herein provided for waste from condensers. 


Pipes—Brass—(40) All brass and copper pipes used shall 
be drawn pipes. 


Pipes and Bends of Lead and Quality—(41) Lead pipes, 
traps and bends shall be of the following dimensions and 
weights: 


376 Revised Code of Ordinances 


Diameter. Weight per Lineal Foot. 
Tag INCH OS oe a ite IC i eee le 214 pounds 
PU ANCES aie ek oe lea ee ee 3 pounds 
2: INCHES encod a a ee ae ine eee 4 pounds 
Bee AN COS AlN ko oe hae ay cr A peri at ee ea ee 5 pounds 
4S INCHOS eek oe bios OSS a a oe ee aie ae ee 6 pounds 


Pipes—Relieving Arch—(42) When a soil pipe or a house 
sewer passes under any masonry wall there shall be provided a 
relieving arch to prevent injury from settling of the walls, or 
there shall be built into the wall during its construction an iron 
pipe of not less than two (2) inches in diameter greater than 
the pipe proposed to be run. 


Pipe Supports for Horizontal Runs—(43) Horizontal cast 
iron pipes must be supported every five feet by piers built of 
brick or concrete or suspended from joist or beams with hang- 
ers made of 14x1-inch wrought iron. Galvanized or wrought 
iron pipes must be supported every ten feet with hangers as 
specified for cast iron pipes. 

Pipe Supports for Vertical Runs— (44) All stacks or ver- 
tical pipes. must be tied or anchored at every second floor. 
When they run parallel or against the wall they shall be sup- 
ported by clamps of 1x1-inch iron (made of galvanized iron) 
when outside of buildings, and securely fastened to the walls 
and placed at intervals not less than five feet for cast iron pipe 
and ten feet for wrought iron pipe. 


Pipe Supports for Lead—(45) Lead pipes must be sup- 
ported the entire length with a bridge of sufficient thickness 
to prevent sagging. 

Pipe Supports Prohibited—(46) Pipe hangers made of 
wood, wire, or made of sheet iron, or that do not meet the re- 
quirements of this article, and the approval of the City En- 
gineer or Inspector, will be rejected. 

Fittings Accepted and Prohibited—(47) Short T-Y 
branches will be permitted on vertical lines only. 

Long sweep one-quarter bends and long sweep T-Y’s are per- 
mitted. Short one-quarter bends, double hubs and double hub 
fittings and common offset bands and saddles are prohibited on 
soil and waste pipes. All “‘T” joints are prohibited in waste 
pipes. The use of bands and saddles is prohibited. 


Fittings and Joints to Be Sound—(48) All fittings, such 
as split fittings, sand holes, or porous fittings, or in any other 
condition than sound and whole, shall not be used in any soil, 
waste or vent pipes of any buildings, and shall be at once re- 
moved from the premises upon order of the Plumbing Inspec- 


of the City of Houston . OLE 


tor. No paraffine, rosin, coal tar, putty or gas fitter’s or other 
cement will be allowed in making any joints or to cover defects. 


Joints in Cast Iron Pipes—(49) All joints in cast iron, 
soil, waste or drain pipes shall be so filled with packed oakum 
and molten lead, and hand caulked, as to make them air and 
water tight. The quantity of lead used shall be 12 ounces of 
fine, soft lead for each inch in diameter of the pipe. 


Joints in Screwed Pipes—(50) Joints on screwed pipe to 
be made of red or white lead and the burr formed in cutting 
carefully reamed out. 


Joints for Lead and Iron Pipes—(51) All joints on lead 
pipes and between same and all other metal pipes shall be made 
with plumbers’ wipe joints, using heavy brass soldering nipple 
or ferrules when the connections are with iron pipes. This 
clause shall not be construed so as to prevent the use of four- 
inch combination straight ferrules on all ground work. 


Joints Prohibited—(52) No solder union, common malle- 
able unions, or slip joints, made with union collar or otherwise, 
will be allowed in any soil, waste, vent or revent pipes, on the 
sewer side of the trap, except union connections that come with 
the traps and then only when in or below the seal of the trap. 

Joints for Earthen Fixtures—(53) There shall be a lead 
or brass connection or proper flange at the floor joint of any 
fixture requiring same and the connecting joint shall be prop- 
erly made up. 


Waste for Acids—(54) Wastes from acid sinks shall be 
constructed of extra heavy cast iron pipe or “standard” cast 
iron pipe if enameled on the inside and tar-coated on the out- 
side, or of vitrified earthenware pipe. 


Traps for Bar Wastes—(55) Sinks under bar counters, 
soda fountains, and all drains, such as pumps, refrigerators, 
creamery and milk-room wastes, etc., may be connected indi- 
rect through a four (4) inch cast iron trap, or to a catch-basin 
properly trapped, with suitable iron cover. 


Blow-Off Tank for Boilers—(56) No person shall make or 
cause to be made or maintained any connection through which 
steam, hot water, or other hot liquid, or hot gases, or vapors, 
may be discharged into any public or private house sewer or 
appurtenance thereof, except through a condensing tank of 
dimensions and construction approved in each case by the City 
Engineer or Plumbing Inspector in advance of the perform- 
ance of the work: The discharge pipe of the condenser must 
connect with the sewer on the sewer side of the house trap. 


378 Revised Code of Ordinances 


A vapor or relief pipe of ample size shall be carried from the 
tank to chimney stack or above the roof. All pipes to be 
wrought iron, steel, or cast iron with rust or screwed joints. 
In low pressure steam or hot water systems the condensing 
tank may be omitted, but the waste connections must be other- 
wise as above required, or else discharged into open tank or 
sink supplied with water, 

Traps for Houses Where No Sewers Exist—(57) All 
waste pipes other than the discharge from the water closets, in 
buildings not accessible to the sewer, shall have a grease trap 
located outside the house line of sufficient size as per plans in 
the office of the City Engineer, before they discharge into the 
street. 

Traps Prohibited and Floor Drains—(58) Where floor 
drains are connected it shall be by the means of a deep seal 
trap. Bell traps and traps having covers over hand-holes on 
the sewer side of the traps held in place by lugs or bolts are 
prohibited. 7 

Waste Pipe Sizes for Fixtures—(59) Waste pipes shall 
have the following dimensions: 


W atersclosets cosa ee a eg 4 inches 
SLOP *Si KS eae aie te ee ey 2 inches 
Bathtubs iii ue Ae Sac ee eee 114 inches 
SItz ‘baths iso te Be teen a ee eee eee 114 inches 
Poot sbathincei ees oe Ne eee eee 114 inches 
Showeribath 2s 22 eae een ee 2, .-inches 


‘(Pedestal urinals same size as manufactured openings.) 
(Each shower bath shall constitute one fixture.) 


Lia VACOR Yc oR aioe ae ee ee 114, inches 
(Laundry tubs to count as one fixture.) 

Drinking “fountains wee eee Bea cok one! 114, inches 

Floor, draimmsiinthouses aes oe 5 een 2 inches 

Urinalhwastes iicjes a eae seve ee cee 114, inches 


Traps for Stables, Garages and Laundries—(60) Stable 
wash racks or any urinal receptacle in stables shall not be 
connected with any sewer drain or lateral, unless a suitable 
catch-basin suitably trapped with deep seal is provided to pre- 
- vent the obstruction of said sewer drain or lateral by sediment 
or solids carried with the washings. Floor drains for auto- 
mobile garages, laundries or cleaning establishments, or where 
gasoline or oils are used, or volatile fluids, are required to have 
a proper catch-basin, suitably trapped with deep seal, and 
vented with a proper sized vent pipe to the roof, according to 
detail in the Engineer’s office or Plumbing Inspector’s office. 


Catch Basins and Floor Drains—(61) Sub-drains, if be- 
low sewer, should discharge into sump or receiving tank, the 


of the City of Houston 39 


contents of which must be lifted and discharged into the drain- 
age system above the cellar bottom by some approved method. 
Where directly sewer connected, they must be cut off from 
the rest of the plumbing system by a brass flap valve on the 
inlet to the catch-basin, and the trap on the drain from the 
floor or other drains will only be permitted when it can be 
shown to the satisfaction of the Engineer or Inspector of 
Plumbing that their use is absolutely necessary and arrange- 
ment made to maintain a permanent water seal in the traps. 

Fittings and Openings—How Plugged—(62) Openings 
for waste and vents for future connections must be plugged 
with metal plugs screwed or caulked, and when of lead will be 
soldered to make them air and water tight. The use of plas- 
ter of any kind for this purpose is prohibited. 

Vents on Traps—(63) All traps must be protected from 
syphonage and back pressure, and the drainage ventilated by 
special lines of vent pipes. All vent pipe lines and main 
branches must be of iron, steel or brass. 

Vents—How High Above Fixtures—(64) Each vent pipe 
shall be run separate above its fixture, in order to prevent its 
use as a waste. 

Vent Pipes—Qualities—(65) All vents or revent pipes, 
when wrought iron pipe is used, must be galvanized iron of 
standard size. 

Fittings on Vent Pipes—(66) All vents or revent fittings 
must be standard galvanized malleable or cast iron. 


Vent Pipes—How Connected—(67) Each vent pipe shall 
be connected above the highest fixture into the adjacent soil 
pipe a distance therefrom not more than fifteen (15) feet. If 
more than this distance from the soil pipe it may independent- 
ly extend above the roof. 


Vent Pipes to Run Direct—(68) A vent line shall be, 
whenever practicable, a direct extension of the soil and waste 
line. 

Vent Pipes—When to Be Connected at Bottom—(69) The 
main vent rises, having a length of fifteen (15) feet or more, 
must be connected at the foot into the main waste or soil line 
below the lowest vent outlet and with no greater angle of con- 
nection or of run than forty-five (45) degrees. 


Trap Vents—How Made—(70) Trap revents shall be con- 
tinuous where possible. Where the vent or revent pipes are 
continuous and traps are ventilated through the waste fittings, 
the center of the outlet of such fitting or lead ‘‘Y”’ branch shall 


380 Revised Code of Ordinances 


~ 


not be set below the water seal of trap; and the trap shall not 
be more than the following distances from the waste fitting: 


TIA-InCh trap whee eee el 15 inches 
16-inch, trap 22 sea ee ete ee oe 18 inches 
2-0 INCH: Crap ei I eA ae eee 24 inches 
$=" inch trap wa fost aes Denyeemien, Saeed Zeer 30 inches 
An» inch: CRA = 25 Pees eee ee ee eee ae 30 inches 


Vent Pipe Sizes—(71) Sizes of main and branch vent 
pipes are to be increased as fixtures are added, as follows 


Maximum 
Diameter Length — No. and Size of Traps-Vented. 
inches. Feet. 

11,4, 15 1 trap, 114, inch: 

114 25 lor. 5:-traps;.: 114 inch or 2 inch 
2 50 1to 5traps, 3 inch or 4 inch 
215 eat f5) 6to 9traps, 38  inchor 4 inch 
33 100 10to15traps, 3 inch or 4 inch 
4 150™+.L6:to’ 25. traps, 3. 7 InCmor-a inch 
5 200 26to 40 traps, 3 inch or 4 inch 


Four (4) one and one-half (114) or two (2) inch traps shall 
be considered equal to one (1) four (4) inch trap. Where the 
main vent is of the same size as the soil line into which it is to 
be connected, and neither is less than three (8) inches in diam- 
eter, the soil line shall be increased one (1) inch at the junc- 
tion and carried through the roof with the increased size. 


Vents on Earthen Traps—(72) Earthenware traps for 
water closets or slop sinks must be ventilated from the branch 
soil or waste pipe just below the trap and this branch vent 
pipe must be so connected as to prevent obstruction, and no 
waste pipe connected between it and the fixtures. No horizon- 
tal vent line longer than two (2) feet shall be allowed beneath 
a floor adjacent to the trap of any fixture. 


Vents on Water Closets—How Connected—(73) All wa- 
ter closets shall be vented through a T Y, A Y or a drainage 
fitting, or off the top of the horizontal part of the lead bend 
or above the upper line of horizontal part of the same, except 
for circuit venting and for top closets, as hereinafter pre- 
scribed. The revent of a single water closet.shall not be less 
than two inches in diameter. 

Vents on Water Closets—When Not Required—(74) 
Where there is but one water closet located on a stack and said 
water closet is three feet or less from the stack or in circuit 
venting, no back vent is required. 

Vents—Loop and Circuit—(75) Loop or circuit vents 
when substituted for individual trap vents:or water closets dis- 


of the City of Houston 381 


charging immediately into a horizontal branch and thence into 
a vertical soil line and three feet or less from said horizontal 
branch must be vented as follows: One to two closets, 2-inch 
pipe; three closets, 4-inch pipe; and for every three closets 
added thereafter, when the closets are less than six (6), nine 
(9), or twelve (12), a two-inch pipe must be used so as to 
equally divide the closets between the four (4) inch vents. 
Vents shall in all cases be taken off the top of the flow line with 
no greater degree or less angle than one-sixth or one-eighth 
bend pitch and between the two end closets. 


Top Water Closets—(76) Where two water closets are 
located on the same floor and discharge into a double “Y” 
or double “TY” fitting and they are three feet or less from the 
stack and there is no other closet discharging into the stack 
above the double “‘TY” or double “Y” fitting, said water closets 
will be considered as the same as one top fixture and it will not 
be necesary to back vent either water closet, but this or any 
sub-section shall not be construed so as to prohibit the placing 
of one or two minor fixtures above the closets when on the 
same floor and such waste from said minor fixtures otherwise 
comply with these rules for waste and vent pipes. 


Refrigerator Wastes, Size and Traps—(76!4) The waste 
pipe from a refrigerator or ice box shall not be directly con- 
nected with any soil waste pipe or drain, or sewer, or discharge 
on the open ground. They shall discharge into a suitable trap 
as per sketch in the office of the Plumbing Inspector, or an 
open water supplied sink. or over a floor drain in a basement, 
and the discharge pipe shall be as short as possible, and the 
pan sink or drain shall be disconnected from the refrigerator 
by at least four inches and in no case shall they be permitted 
to be connected to sink waste pipe 2 inches or less in diameter. » 


Where refrigerators or ice boxes are placed in buildings on 
two or more floors, the waste and vent pipes thereof shall be 
continuous and run through the roof, and in no case shall the 
vent pipe open within six feet of an open soil or waste pipe. 
The size of waste pipes for refrigerators for two or less floors 
shall be at least 114 inches, and two inches for three floors or 
under five floors, and 214 inches for five floors and over. Each 
refrigerator or ice box shall be provided with a suitable trap 
with an accessible trap screw or cleanout, which cleanout shall 
be placed in the 114-inch waste pipe and shall be as near as 
possible to the refrigerator or ice box. Such trap need not be 
vented. The requirements of this last paragraph are intended 


382 Revised Code of Ordinances 


to apply to flats and similar buildings, and are optional with 
the owners of residences. (Amendment Mar. 9, 1914.) 


Vents on Bath Tubs—(77) All bath tub traps shall be 
continuous vented. When it is impossible to do so and when 
loop or circuit vent is used it shall be through a “‘Y” or “TY” 
fitting of not less than two inches in diameter; if crown vented, 
it must rise at least three inches above the flow line or waste 
and not more than two feet horizontal run below the floor or 
fixture. 


Vents on Shower Baths—(78) Traps for shower baths 
when set in lines may be vented by an extension of the waste 
line by a loop or circuit vent and governed by table of rules 
for waste and vent pipes. 


Vents on Flat Roofs—(79) Vents on flat roofs must be 
carried up even with top of fire walls. When said roofs are 
used as roof gardens, for laundry purposes or where people 
are to assemble the vent pipes must be carried up at least seven 
feet, or above the breathing zone. The termination of all vents 
passing through the roof shall be carefully flashed with cop- 
per, or sheet lead. 


Vents Prohibited—(80) No down spout, sheet metal or 
earthenware or brick flue shall be used as a sewer ventilator 
or trap vent. 


Traps—General Requirements—(81) No form of trap 
will be permitted to be used unless it has been approved by 
the City Engineer or Plumbing Inspector. All traps shail be 
provided with full size cleanout screws, plugs, covers or in- 
lets which shall be removable for cleaning without disturb- 
ance of ground or floor, and must have a water seal of at 
least one and one-half inches. No lead trap of less than one 
and one-half inches shall be used. All traps must be well sup- 
ported and set true with respect to their water seals. When 
brass traps are used they shall not be less than 11 gauge, 
Brown & Sharpe. 


Fixture Traps—(82) . Except as herein provided, every 
fixture in a plumbing or drainage system shall be separately 
trapped and vented. A group of three minor fixtures set in 
line in this case shall be considered one fixture and require but 
one trap of not less than one and one-half inches diameter. 
Traps shall be placed as close to the fixture as practicable, and 
in no case more than two feet distant from the waste outlet 
of the fixture. No fixture will have more than one trap. 


of the City of Houston 383 


Grease Traps—(83) All hotels, restaurants, boarding 
houses or other public cooking place, must have a suitable 
grease trap, the size, kind and numbers of which will be re- 
quired according to the circumstances of the case, before any 
water from the kitchen sinks or receptacles of water con- 
taining grease shall discharge into the house drain or sewer. 


When placed above the floor or ground shall be of cast iron, 
when placed in the ground they shall be built of brick and ce- 
ment plastered inside and out with three-fourths inch of ce- 
ment and sand of equal parts. 


For ordinary dwellings or residences grease traps are not 
compulsory; where there is no grease trap, the waste must be 
connected into the soil pipe between the water closet and sewer 
with a pipe no less than two inches in diameter for horizontal 
run with a cleanout plug. In all changes of direction, grease 
traps, where they are installed on the floor or above the ground 
shall be made of brass, enameled cast iron or six-pound lead, 
size of which shall be at least twelve inches by twelve inches 
CL2x12;) ; 


Anti-Syphon Traps—(84) An approved form of anti- 
syphon traps may be permitted in special cases where in the 
opinion of the City Engineer or Inspector, other form of ven- 
tilation is impossible. 


Prohibited Traps—(85) Back water traps, bell traps, or 
traps having covers, hand-holes or cleanouts which are held in 
place by lugs or bolts, are prohibited. The intent of and mean- 
ing of “bolts” in this section does not exclude brass bolts when 
four or more are used to hold trap covers in place. 


General Requirements for Fixtures—(86) Plumbing and 
drainage fixtures shall be constructed of non-absorbent ma- 
terial that is not easily cracked or broken, to which soil will 
not adhere so firmly that it can not be removed by a flush of 
water. Fixtures shall be set open, that is, perfectly free from 
enclosing woodwork or other casing that would cut off light 
and air. They shall be well supplied with water for flushing 
water closets and urinals. In public places the walls and floors 
where they are set shall be lined with some non-absorbent ma- 
terial. 


Wooden’ Fixtures—Where Permitted—(87) Wooden 
wash trays, wooden troughs or sinks with or without me- 
tallic lining, shall be allowed only for bar sinks and soda foun- 
tain sinks. Dish sinks in hotels and restaurants must have 
metal linings. 


384 Revised Code of Ordinances 


—_ = 


Prohibited Fixtures—(88) Pan plunger and washout clos- 
ets, lateral urine troughs, automatic cleset ranges and long 
hoppers, short hopper closets are prohibited, except for yard 
closets only. 

Prohibited Materials for Fixtures—(89) The use of gal- 
vanized steel, sheet metal, wood or any absorbent material for 
the use of urinal troughs or bowls is prohibited. 


Condemned Fixtures—(90) The Inspector, with the ap- 
proval of the Health Officer, may*condemn and order the re- 
moval of any fixture that is defective or that does not comply 
with this article. No fixture shall be installed and no fix- 
ture shall be reconstructed or reinstalled where it does not 
meet with the requirements of this article. 


Water Closets Away from Buildings—(91) Water closets 
which are located away from the buildings shall have a four 
(4) inch vent, ten (10) feet high, and to conform in other re- 
spects to plumbing ordinances and shall be placed on founda- 
tions approved by the Plumbing Inspector. 


Tanks and Flush for Water Closets—(92) (a) Water 
closets must have separate tanks or separate flushing valves 
of approved patterns to discharge no less than four (4) gal- 
lons of water.at one time. 

(b) Urinals in public toilet rooms or saloons or other place 
where same are used by the general public, must have either 
chain or pull tank flushing valves of approved pattern to dis- 
charge enough water at one time to keep them in a sanitary 
condition; if automatic tanks are used, they must be kept in 
constant operation during business hours. The use of loose 
key or spring key cocks for this purpose is prohibited. 
(Amendment Mar. 9, 1914.) 


Water Supply for Water Closets—(93) All water closets 
and other plumbing fixtures must be provided with a suffi- 
cient supply of water for flushing to keep them in a proper 
and cleanly condition. When water pressure is not sufficient 
to supply freely and continuously all fixtures, a house supply 
tank must be provided of sufficient size to afford an ample sup- 
ply of water to all fixtures at all times. Such tanks must be 
supplied from pressure or by pump as may be necessary. Tank 
must be covered so as to exclude dust, dirt and gases. 


Purity of Water for Fixtures—(94) The purity of water 
on all plumbing fixtures shall be equal to the purity of water 
supplied through the Houston Waterworks System. 


of the City of Houston 385 


Application for Inspection—(95) Application for inspec- — 
tion must be filed at the office of the Inspector of Plumbing by 
the plumber on blanks furnished by the city, before 9 a. m. for 
morning inspections and before 2 p. m. for afternoon inspec- 
tions. No inspections will be made after 12 o’clock on Satur- 
day. 


Application for roughing-in inspection must be made when 
roughing-in is complete, and before any of the work is covered 
or made inaccessible to the inspectors. 


For sewer inspections applications must be made when com- 
plete, and before the same is covered. 


For final inspections, application must be made when all fix- 
tures are complete and before the house drain is connected 
or any portion of the system is used. 


Testing of Plumbing—(9514) All plumbing work must be 
tested by the plumber in the presence of the City Engineer or 
Inspector before it is accepted. When it is inconvenient or im- 
practicable to test the entire work at one time, it can be tested 
in sections, but each new partial test must include all por- 
tions of the work tested previously. 


Water Test—(96) All roughing-in tests must be made 
with water. For such testing the iron extension of the soil 
pipe outside of the foundation of the house shall be securely 
closed, as shall all branches, inlets and other openings of the 
work to be tested. The closing of joints and pipes must be 
sufficiently tight and strong enough to withstand_the pressure 
of a column of water reaching the top of the pipe to be tested. 
The pipe shall then be filled with water to its top and shall 
stand so without perceptible lowering. If the water is lowered 
by leakage, the leakage must be found and made tight by the 
plumber, and the work shall not be approved by said Inspector 
until the water stands at the top of the pipe without perceptible 
lowering. 


Final Test—(97) The final test must be made with pepper- 
mint or approved smoke machine after all fixtures are set in 
place and finished, by using two ounces of oil of peppermint 
to each three gallons of hot water, and an additional ounce of 
peppermint and gallon of hot water for each story above the 
three-story building, by first securely closing the bottom of 
house drain and filling all traps with water. The peppermint 
solution shall then be poured into the highest point of stack, 


386 Revised Code of Ordinances 


which, together with all other openings, shall be securely closed 
and remain closed until the Plumbing Inspector shall pro- 
nounce the entire system tight, perfect and free from leaks and 
other defects. 


Certificate of Inspection—(98) That when the plumbing 
in a building is completed the plumber shall secure from the 
owner of such building a certificate of inspection of comple- 
tion, signed by the City Engineer or Plumbing Inspector, cer- 
tifying that the plumbing work has been properly done and 
inspected and tested as required by the provisions of these 
rules. It shall be the duty of the Engineer or Plumbing In- 
spector to issue such certificates. 


Buildings Moved—(99) Buildings or structures that have 
been moved from one site to another, or changed from their 
original position, or when the premises have been visited by 
fire, will have to conform to the City Plumbing Ordinances be- 
fore they are again sewer connected or put to any use what- 
ever. 


Table of Sizes for Soil and Waste Pipe—(100) The size 
of soil and waste pipe must not be less than those set forth in 
the following table. The horizontal lines are to be increased 
as fixtures are added, but verticals throughout their entire 
length are to have a diameter given by the total number of fix- 
tures which discharge through them. 


Twenty square feet of roof or yard area in horizontal pro- 
jection counts as one fixture. 

Three feet of urinal trough or wash sink counts as one fix- 
ture. 

One bath, basin or small fixture counts as one fixture. 


One pedestal urinal or slop hopper sink counts as two fix- 
tures. 


One water closet counts as four fixtures. - 


House Drains—Size Of—House drain shall be proportional 
as prescribed for branch soil and waste pipe, provided that in 
no case shall the house drain, draining soil pipes, be less than 
four (4) or more than twelve (12) inches in diameter. 


of the City of Houston 387 


Soil Pipe Stacks—In the table of soil pipe the number of fix- 
tures and their equivalent: 


Size of} Soil and Waste Combined Soil Pipe Alone 

Pipe |—— a — ——_—— 

Inches Branch Main Branch Main 
4 48 Fixtures 96 Fixtures 12 Water Closets} 24 Water Closets 

5 96 7 192 ye 24 ms 48 Bs 

6 168 4é 336 “é 492 4é 84 “é 

fi 280 za 560 o: 70 * 140 a 

8 420 bs 840 ws 105 i 210 fs 

8) 580 4 1160 a 145 ss 290 es 

0 800 e 1600 = 200 Re 400 ob 

11 1060 ef 2120 sf 265 2s 530 e 

ie 1420 vi 2840 + 355 ss 710 ‘ 


Waste Pipe Stacks—In the table of sizes of waste pipe the 
following notation of fixtures and equivalent shall be used: 


Fixtures With— 


Pe einchetra pees erences an. counts as 1 fixture 
ee atTCH eT a Dame reseeey mec Gey. counts as 1 fixture 
TCHS EEA Dees ee eh oe counts as 2 fixtures 
Pe StH WAV AWARE 28 0 aah a ea eer counts as 8 fixtures ° 
SSeeInchetrap.. eee a. ee ee counts as 4 fixtures 
ASMERITICHY UT Darth owas oie. a: counts as 5 fixtures 
—Number of Fixtures— 
Size in inches. Branches. Main. 
114, waste 1 
114 waste 3 or less 3 or less 
AEE NASEC ro 10 or less 20 or less 
214 waste 16 or less 32 or less 
3. waste 30 or less 60 or less 
4 waste 72 or less 144 or less 
5 waste 144 or less 288 or less 
6 waste 252 or less 504 or less 


Size of Fixtures, Trap and Wastes—The size of the traps 
and waste branch for a given fixture shall never be less than 
as follows: 


Size of Traps and Waste for Same— Size in Inches. 

Kind of Fixtures— Trap. Branch. 
MAPA TOTO CLOGC tom aser > here ree n er hth De ut ne eee. 3 4 
Slop sink with trap. combined 2.0.02 3 3 
POT SLI ROUC Ta LV svete et er tae Ai ag 2 2 
PIGHLENUAIEUITAT Ale tare re ce tO Ls iad 3 3 
FIOGMOrAIN, OT Wachoie ee ee eee 3 s 
(CPT Wal aki STpi§ ) Acs Sark Oot, Cow AS AR MAGehy oe MIE ReRieas RDM Meee) 2 S 3 
LEPINE rOU nosh igre eo eda 20d ie ge, 2 2, 
I iiZaD Fata hear mh Ley (ALOR apts 9 ey ete Soe mille en akbawes tienes har S. 114 114 
Kei ch eiasinke aac td eee seo ae eee 11% 11% 
PeAULY Ve Ke ee aah se ohn ei eee 114 114 


WV ARMED ASE CONG: ONLY tide anton ae ee ed 2 14, ve li4 


388 Revised Code of Ordinances 


Size in Inches. 


Kind of Fixtures— Trap. Branch. 
Wash’ basin, group of 2 ora. sen ee 1% 1% 
Bath? tubs 2242 teh ag as es ek cereale aes 1% 114 
Shower 2 baths 1.6053 ey ee Oe een ca ieee 2 sayy 
SHtZ Dats ye i ee ea ee a 114 114% 
Safe waste and idrips.2 2 ante SRM Ie be hy 1 
Drinking fountains 2s. ape ee ae eee 1, 114, 
Fountain -cuspidors.2. 2 0 ee ee ec 1, 1, 


Each vertical soil line into which the water closets on two 
(2) or more floors discharge shall be extended full size through 
and above the roof or be connected full size in an approved 
manner into a line thus extended. 


When No Revent on Water Closet Is Required—Where 
there is but one water closet located on a stack and the said 
water closet three feet pipe line or less from the stack, or in 
circuit venting, no back vent is required. 


Deposits for Street Openings—(101) 


Asphalt:streeticina erate ens eee $ 4.00 per square yard 
Minimum depositws2 ee — 25.00 

Brick streets tein 3.25 per square yard 
Minimum. deposit.<.2) asus 25.00 

Wood Block street... Riana mueesal 5.00 per square yard 
Minimum -deposit 452 a 25.00 

Cement street ........... Paso tet Racer aoe oe 3.00 per square yard 
Minimum deposit. ae, 25.00 

Gravel or Shell street... 1.25 per square yard 
Minimuny, depositize. ane 25.00 

Dirt. "Streey tes es ne a eee .25 per square yard 
Minimum) deposit, 2.5 ea ~ 10.00 


Permit fee for above, 50c. 


Fees for Inspection—No inspection less than One Dollar 
($1.00). 

For 25 fixtures or less, 50c per fixture. 

Over 25, up to 50 fixtures, 25c per fixture. 

Over 50, 10c per fixture. 


Waste Openings Listed as Fixtures bach waste opening 
for future connection and bell traps will be listed as fixtures. 


Definition of Terms—(102) Inspector—When the word 
“Inspector” is used without prefix or suffix, it means Chief In- 
spector charged with the enforcement of the provisions of this 
plumbing ordinance and the rules contained therein. 


Sewer—The term “sewer” is a general term for a system 
of horizontal piping used to convey the drainage from ay 
building site to a main, public or private sewer. 


of the City of Houston 389 


Auxiliary Vent—An “auxiliary vent” is an additional vent 
stack assisting the main vent which passes through the roof 
independently. : | 

Outside Water Closets—By an “outside water closet’ is 
meant any closet that is installed in a building detached from 
the main building and not inhabited, or on the porch of a house 
where it is located in a room which has no door or other open- 
ing between it and the main house. 

Private Sewer—That the term “private sewer” is a main 
or branch sewer located either on public or private property, 
not constructed or accepted by the city, which conveys the 
drainage of one or more buildings to its public outlet. 

House Sewer—That the term “‘house sewer” or main drain, 
is a lateral or main drain of the horizontal piping of a house 
drainage system extending from the house drain to its connec- 
tions with a main or private sewer, and conveying the drain- 
age of one or more buildings located on the same lot. 

House Drain—The “house drain” is that part of the hori- 
zontal piping of the house drainage system which receives the 
discharges of all soil, waste, or other drainage pipes inside 
the walls of any building and conveys the same to the house 
sewer or main drain on the outside of the foundation walls of 
such building. 


Fixture or Fixtures—The term “fixture or fixtures,” when - 
used in a general sense, applies to all receptacles which receive 
the house sewage or waste from which water is used as flux; 
when used specifically it means any of such receptacles, includ- 
ing water closets. 


? 


Traps—A “trap” is a device so constructed as to prevent 
the passage of air or gases through a pipe without materially 
affecting the flow of sewage or waste water therein. 


Trap, Seal Of—The seal of the trap is the height of a water 
column measured between the point of overflow and the dip 
or division level separating the inlet and outlet arms of the 
trap. 

Mains—The “main” of any system of horizontal, vertical 
or continuous piping is that part of such system which re- 
ceives the discharge or back vents from fixture outlets, direct, 
or through branch pipes. 


Branches—The “branch” of any system of piping is that 
part of the system which extends horizontally at a slight grade 
from the main to receive fixture outlets not directly connected 


with the main. 
32 


390 Revised Code of Ordinances 


Stack—“‘Stack”’ is a general term for any vertical line of 
house drainage piping, inclusive of the main and its branches. 


Soil Pipe—A ‘“‘soil pipe” is any pipe which conveys the dis- 
charge of water closets, with or without other fixtures, to the 
house drain. 


Waste Pipe—A “waste pipe” is any pipe which receives 
the discharge of any fixture except water closets, and conveys 
the same to the house drain or soil pipe. 


Vent Pipe—A “vent pipe” is any special pipe provided to 
ventilate the drainage or plumbing system of piping and to 
prevent trap syphonage and back pressure. 


Soil or Waste Vent—The “‘soil” or “waste vent” is that part 
of the main soil or waste pipe above the highest installed 
branch or fixture outlet connection extending through the roof. 


Circuit Vent—A “circuit” vent is a system of venting by 
which the syphonage and back pressure on the seal of. traps 
is prevented by extending the branch soil or waste pipes and 
connecting them with a main of an auxiliary vent stack, which 
vent stack, in conjunction with the main soil or waste vents, 
completes and forms a continuous air circuit or vent for each 
branch line so installed. 


Loop Vent—A “loop vent” is a modified circuit vent where 
the branch or branches of soil or waste pipes on only one floor, 
having no other fixtures or branches installed above them, loop 
over above the flow line of fixtures and re-connect with the 
main soil or waste lines. 


Continuous Vent—A continuation of the waste line with 
the vent standing vertical to the waste opening, and governed 
by Sub-section 70. (Id., Sec. 15.) 


Sec. 1093. Penalties for Violations—Any person violat- 
ing any of the provisions or requirements of this article, or 
any of the regulations therein prescribed, shall be guilty of an 
offense, and on conviction thereof shall be punished by a fine 
of not less than Five Dollars ($5.00) and not more than Two 
Hundred Dollars ($200.00) for each offense, and in case where 
plumbing or sewerage appliances prohibited by this article 
are used, it shall be a separate offense, both in the plumber or 
drain layer and in the owner of the property, for each day 
that said prohibited appliances are used after notice from the 
city to remove the same. (Id., Sec. 16.) 


of the City of Houston 391 


ARTICLE 1. 
LAYING OF LATERAL SEWERS BY PROPERTY OWNERS. 


Sec. 1094. Authority to Lay Upon Condition—Any and 
all persons or property owners who own or control property 
which is so situated with reference to any sewer in the City of 
Houston, as in the opinion of the City Council of said city 
or such officer as may be designated for the purpose, makes it 
practical to connect with such sewer, may at his or their cost 
and expense lay and construct lateral sewers in and along 
the streets and ways of the City of Houston to connect with 
such sewer upon the following conditions: (Mar. 3, 1914, 
Ord, Bk. 4).-p..223; Secs-1.) 


Sec. 1095. Permit to Lay; Cost Borne by Property Own- 
ers; Application for Permit—Such persons or property 
owners so constructing a sewer such as mentioned in the next 
preceding section shall before laying or constructing same 
obtain a permit so to do from the City Council of the City of 
Houston, or such officer as may be designated to grant such 
permit, and shall lay and construct the same at his or their 
own cost and expense and under the direction of the City 
Engineer of the City of Houston, or such other officer or per- 
son as may be designated to supervise and direct the laying and 
construction of same; provided, that no permit shall issue for 
the laying or construction of same unless and until the per- 
sons have signed an application agreeing to all the conditions 
in the following sections of this article mentioned. (Id., Sec. 2.) 


Sec. 1096. Property Owners to Give Bond; Except—Such 
persons or property owners so constructing and laying such 
sewérs as hereinbefore provided shall, before permit is issued, 
enter into a good and sufficient bond in any sum to be de- 
termined by the Mayor of the City of Houston, such bond to 
be conditioned that they will restore the streets, pavements, 
sidewalks and passageways of the city in and along which such 
sewers are laid and constructed to the same or as good a 
condition as they were before the beginning of any excavation 
for the purpose of laying and constructing such sewers; and 
said bond shall be further conditioned that the persons so 
laying and constructing such lateral sewers shall hold the city 
harmless from any and all injuries or damages resulting to 
third persons on account of the laying and construction of 
the same, and that they will pay off and discharge any claim, 
charge, damage or expense which may be established by judg- 


392 Revised Code of Ordinances 


—_— —_——y 


ment or otherwise against the City of Houston on account of 
the laying and construction of the same; provided, that should 
such persons file with the City of Houston a contract properly 
entered into between them and some regularly licensed master 
plumber who has already given a bond to the City of Houston 
conditioned as provided for master plumber’s bonds, no bond 
shall be required of such persons or property owners taking 
out such permit, but the permit shall be issued jointly to the 
said property owners and such plumber, and they and he shall 
be jointly and severally responsible for all damages or loss 
occasioned by such opening, construction, etc. (Id., Sec. 3.) 


Sec. 1097. Size and Laying; Restriction—No permit shall 
ever be issued for the construction of any lateral sewer under 
the provisions hereof of a less diameter than eight (8) inches, 
nor shall any permit be issued to construct any sewer which 
in the judgment of the City Council or officer charged with 
the direction and supervision of such work is not of sufficient 
size and to be laid in such manner as, having in view the 
general sewer system of the city, will be a proper sewer con- 
struction, nor shall any permit be issued where in the judg- 
ment of the City Council or said officer the laying of such 
sewer will interfere with the proper growth and development 

of the city’s sewer system. (Id., Sec. 4.) 


Sec. 1098. Contents of Application for Permit; State- 
ment of Cost; Fixing Cost of and Permits for Subsequent 
Connections; When Laying a Dedication—All persons who 
shall lay or construct sewers under the terms hereof shall, 
before the permit is issued, file with the City Engineer an ap- 
plication showing among other things the place where the 
said sewer is desired to be located, the number of lots abutting 
on the proposed sewer, the diameter thereof, the number of 
lots which said sewer is capable of serving, the description 
of said lots owned by the person or persons applying for such 
permit, the number of connections which the said person or 
persons applying for the permit intend to make thereto, and 
whether or not said sewer is designed to serve an addition 
or subdivision owned, managed or controlled by the parties 
applying for such permit, and shall before the work is ac- 
cepted and approved by the officers file with the City Engineer 
an accurate and verified statement showing the cost of said 
construction, and when said statement of cost has been filed 
with the Council it shall as soon thereafter as practicable 
determine and fix the amount which shall be paid per lot or 
per connection by each successive person making a service 


of the City of Houston 393 


connection with said sewer, and the schedule of such amount 
shall be filed in the office of the City Engineer, and permits 
shall thereafter be issued to persons to make service connec- 
tions with said sewer who shall have complied with all other 
provisions of the City Ordinances and have deposited with 
the City Engineer for the use and benefit of the person or 
persons originally constructing such sewer the amount per lot 
or per connection due by them as fixed in said schedule; pro- 
vided, that where such lateral sewer is to be laid entirely with- 
in, along or in front of or to serve only the property owned by 
the person or persons applying for such permit, the construc- 
tion and laying of said sewer shall, as to all of the said 
property abutting thereon or being served thereby, be and 
constitute a dedication of said sewer, and persons owning 
such lots shall be deemed to have the full right to make service 
connections therewith from such sewer without paying or con- 
tributing any part of the cost of the laying thereof, and it 
shall not be necessary for such persons to make any deposit 
with the City Engineer. (ld., Sec. 5.) 


Sec. 1099. Application for Permit to Connect Additional 
Lateral Sewer; Permit May Be Granted by Council; Deposit 
to Be Made; Shall Be Deemed a Public Sewer—If at any 
time after the construction of- such lateral sewer as herein 
provided persons desire to construct from the same an ad- 
ditional lateral sewer, they shall have the right to make ap- 
plication to the City Council describing the lateral sewer which 
they propose to construct, the lateral sewer with which they 
propose to connect, and otherwise complying with the ordi- 
nances, and if in the judgment of the City Council it is con- 
sistent with the good of the sewer service of the City of Hous- 
ton to permit such connection a permit therefor shall be issued 
upon the compliance by the persons desiring to construct such 
lateral with all of the ordinances of the City of Houston; 
provided, they first deposit with the City Engineer, for the 
use and benefit of those who originally constructed or paid for 
connection with the lateral sewer which it is proposed by the 
applicants to run their sewer from, such sum, if any, as the 
City Council may fix and declare to be reasonable, which said 
sum shall be by the City Engineer distributed to the persons 
who have paid for or constructed the original sewer in pro- 
portion to the amount paid by such persons for the construc- 
tion or on account of connection therewith; but for all other 
intents and purposes said sewer shall be a public sewer and 
should it be proper, necessary or advisable to construct a 


394 Revised Code of Ordinances 


public sewer from said or any lateral made in the City of 
Houston or use the same for any public purpose, the city shall 
have the right so to do without charge or cost to the City of 
Houston in the same manner as it exercises its rights with 
reference to any other sewer in the City of Houston. (lId., 
Sec. 6.) 


Sec. 1100. Meaning of Terms “Lateral Sewer,”’ and ‘“‘Ser- 
vice Connection’”—The term “lateral sewer’ as used herein 
means any sewer run off from any sewer line for the purpose 
of furnishing a feeder from which service connections can 
be run, and not run for the purpose of making a through line 
of sewers. <A “service connection” or line is a connection or 
line run from any main or lateral sewer line for the purpose 
of serving any house or premises. (Id., Sec. 7.) 


Sec. 1101. Size, Construction, Etc., of Service Connec- 
tions—All service connections shall be at least six (6) inches 
in diameter, and where they are sought to be run laterally 
down a street passing other property they shall be laid under 
the provisions of this article applicable to lateral sewers as to 
the kind of application to be made therefor and the right and 
privilege of other persons connecting therewith; provided, that 
no service line shall ever be allowed to run laterally through 
one block and across the intersecting street but shall be con- 
fined to the limits of the block; and provided further, that 
where feasible so to do the plumbing inspector should require 
a lateral sewer line rather than a service line to be constructed ; 
and yrovided further, that the plumbing inspector shall have 
the right and it is hereby made his duty to require all persons 
to connect with the same service line in the block wherever 
possible so as to prevent the laying of numerous service lines 
within the streets and under the sidewalks of the City of Hous- 
Lone (ids eeno 


Sec. 1102. General Provisions for Management, Etc., by 
City; Governed and Regulated as Other Sewers, Except—It 
is hereby declared that all sewers laid under the provisions of 
this article shall be in all respects managed, controlled and 
regulated by the City of Houston, and connections therewith 
shall be governed and regulated in the same manner as con- 
nections with any sewers, except that the right is hereby re- 
served to persons constructing same to receive for private 
service connections the compensation fixed by the City Council, 
and to persons who have constructed or contributed to the 
— cost of construction by paying for connection therewith the 


of the City of Houston 395 


right to receive from persons constructing their laterals off 
from same such amounts, if any, as may be fixed by the City 
Council, and it is distinctly understood that said sewers shall 
be so placed as not to interfere with the construction in the 
streets of the City of Houston of any other underground pipes, 
ducts or conduits and other structures laid on the part of the 
city, and the city shall have the right to take the same up, or 
disconnect, or destroy the same when they prove a nuisance 
and the city to be in no wise responsible for the cost or damage 
on account thereof, and that the City of Houston shall have 
the right to lay any lines down the streets where said lateral 
sewers run even though it may render said lateral sewers 
useless without being in any manner required to compensate 
persons who have laid or contributed to the cost of said sewer, 
it being intended by this article merely to furnish to the per- 
sons laying a sewer or contributing to the cost thereof a means 
of reimbursing themselves from other private persons similar- 
ly situated under the rules and regulations which may be 
established by the Council, and not in any manner to obligate 
the City of Houston to pay or cause to be paid any sum of | 
money on account thereof, or to vest in any persons construct- 
ing such sewers any private right against the City of Houston 
or the public use. (Id., Sec. 9.) 


Sec. 1103. Offenses; Penalties—Any person or persons 
who lay or construct any sewer herein provided for, or who 
make any connection with any sewer for the purpose of laying 
any of the sewers herein provided for without first having 
complied with the provisions of this article or who shall re- 
fuse to permit any person or persons holding a permit from 
the City of Houston to connect with any sewer in the City of 
Houston or interfere therewith, or who shall refuse to permit 
the City of Houston to make connection with any of the pro- 
posed sewers or interfere therewith, or who shall violate any 
of the provisions of this article shall be guilty of an offense, 
and upon conviction thereof shall be fined in any sum not 
less than Twenty-five Dollars ($25.00) nor more than One 
Hundred Dollars ($100.00). (Id., Sec. 10.) 


396 Revised Code of Ordinances 


CHAPTER XXXVIII._ 
South Texas Fair and Exposition Commission. 


Sec. 1104. Creation of Commission—That there is hereby 
created an Exposition Commission to have charge of the es- 
tablishment and development of a municipally owned South 
Texas Fair Exposition to be located on the lands formerly 
known as Vick’s Park, now belonging to said city, and upon 
other lands adjacent thereto and lying on both sides of Buffalo 
Bayou, which have been or may be purchased or controlled by 
the City of Houston. (April 3, 1913, Ord. Bk. 3, p. 311, Sec.1.) 


Sec. 1105. Composition of Commission; Terms of Office, 
Etc.—Said Commission shall consist of seven (7) persons who 
shall be appointed by the Mayor and confirmed by the City 
Council, one of whom shall be designated as Chairman. Each 
of said Commissioners shall serve for a period of two years 
from the date of such appointment and confirmation ; provided, 
that upon the death, resignation, removal or inability to 
serve from any other cause of any commissioner that his suc- 
cessor shall be appointed for the remainder of his term in the 
manner provided for the appointment of commissioners herein 
contained, and provided further that said Commissioners shall 
serve without compensation. (Id., Sec. 2.) 


Sec. 1106. Duties of Commission—It shall be the duty of 
said Commissioners to have entire charge of the establishment 
and operation of the South Texas Fair and Exposition and to 
recommend to the City of Houston ways and means of raising 
funds necessary for said purpose. 


Said Commission shall have entire charge of laying out said 
Exposition grounds and of locating Exposition buildings, and 
shall have charge of all building operations in connection 
therewith. Said Exposition Commission shall employ a cap- 
able man who shall devote his entire time to said Exposition 
plans, development and operation, and who shall be at all times 
under the direction and control of said Exposition Commission. 
(Id., Sec. 3.) 


Sec. 1107. Funds of the Commission; Annual Reports— 
All funds for the establishment and maintenance of such Fair 
and Exposition, from whatever source, whether raised by such 
Exposition Commission or by the City of Houston, or by indi- 


of the City of Houston 397 


———— 


vidual subscriptions, shall be expended under the direction and 
management and control of said Exposition Commission; and 
it shall be the duty of said Exposition Commission to report to 
the City Council of the City of Houston annually on the first 
day of March of each calendar year, and in such annual report 
to give a complete itemized statement showing the receipts and 
expenditures of all funds together with all vouchers showing 
each and every itemized expenditure, which said report shall be 
audited and printed in the annual reports of the various de- 
partments of the city government of said city. (Id., Sec. 4.) 


398 Revised Code of Ordinances 


CHAPTER XXXIX. 


Steam Boilers and Elevators. 


Article 1.—Boiler and Elevator Inspector, Etc. 
2.—Board of Examiners of Stationary Engineers. 


ARTICLE 1. 
BOILER AND ELEVATOR INSPECTOR. 


Sec. 1108. Inspector to Be Appointed by Mayor, Etc.— 
There is hereby created the office of Boiler and Elevator In- 
spector of the City of Houston, Texas, who shall be a well 
qualified engineer or boiler-maker of at least five (5) years’ 
experience as such, and competent to test and inspect, steam 
boilers and all steam generating apparatus under pressure, and 
all elevators used for the purpose of carrying passengers or 
freight; said officer to be appointed by the Mayor of the City 
of Houston by and with the consent of the City Council. Said 
Boiler and Elevator Inspector may appoint, by and with the 
consent of the Mayor, one deputy inspector, who shall serve 
without pay from the City of Houston, and who shall possess 
the same qualifications as the Boiler and Elevator Inspector, 
and perform the same duties in case of temporary absence 
from the city, sickness, or other disability of such Inspector. 


The Boiler and Elevator Inspector shall hold his office for 
two years from the date of his qualification and until his suc- 
cessor shall have qualified; shall first be appointed after this 
ordinance shall take effect. 


The said Deputy Inspector shall hold his office until removed 
by the Inspector. (Code 1904, Art. 137.) 


Sec. 1109. Duties of Inspector—That the Boiler and Ele- 
vator Inspector shall devote his time and attention to the duties 
of his office, and he shall carefully inspect and test every 
steam boiler and steam generating apparatus under pressure 
used for stationary power, as provided by this chapter, in- 
cluding all attachments and connections, at least once annually, 
and shall have power to determine the maximum pressure 
of steam that may be allowed any boiler or steam generating 
apparatus in said city, and whether the same and its appur- 
tenances are built and equipped according to the requirements 


of the City of Houston 399 


of this chapter. For the purposes of inspecting or testing 
such boilers or apparatus, he shall have the right, at reason- — 
able hours, to enter the premises where same are situated. 
He shall keep a complete and accurate record of the names 
of all owners or users of such steam boilers, or apparatus, 
giving a full description of the boilers or apparatus inspected 
by him, and amount of pressure allowed at the time when 
last tested. He shall notify all owners or users of such boilers 
or apparatus the time when a re-inspection and test will be 
made, at least ten (10) days before the expiration of each 
certificate of inspection, and appoint a day on which he will 
make such re-inspection. The manner of inspection shall be 
substantially as follows: The Inspector shall have the option 
of making the hammer test or the hydrostatic test. If the 
hammer test be used, the examination shall be thorough and 
searching upon every part of the boiler, both internal and 
external, including all fixtures and attachments. If the hydro- 
static test be used, each boiler shall be tested by hydraulic 
pressure, one-fourth (1-4) greater than the ordinary pressure 
used. The certificate of inspection and permit herein pro- 
vided for shall state that said boiler or other steam generating 
apparatus and its appurtenances have been examined by him 
(giving the date), and that same may be used and operated 
for one (1) year following said date, and shall state the maxi- 
mum pressure at which such boiler may be worked. In case 
a defect shall be discovered in any boiler or apparatus, or 
attachments or appurtenances thereto, the Boiler Inspector 
shall report same to the owner or user thereof, and state the 
facts of the case in writing, giving a description of the par- 
ticular locality in which every defect may be found, and 
whether of a dangerous character, and necessitating immediate 
repair. If the Boiler Inspector shall find at any time a boiler 
which in his judgment is unsafe, after inspecting the same, 
er which is not in accordance with the requisites and specifi- 
cations hereinafter provided, he shall condemn its further use. 
All boilers to be tested by the hydrostatic pressure shall be 
filled with water by the owners or users, and they shall fur- 
nish the necessary labor required to work and handle the 
pumps in applying the test. When leaks occur so as to pre- 
vent a successful test, such leaks shall be repaired before the 
boiler or apparatus is used, and the Inspector shall make a 
second test upon receipt of notice that all leaks have been 
repaired. If, upon making the second test, the boiler or ap- 
paratus is still defective, the Inspector shall, for each subse- 
quent test, collect an additional inspection fee, but in no case 


400 Revised Code of Ordinances 


shall he give a certificate until fully satisfied of the safety of 
the boiler or boilers. All certificates of inspection shall run 
for one (1) year, and no longer. (Id., Art. 138.) 


Sec. 1110. Owner or User of Boiler May Appeal from In- 
spector’s Decision—Any owner or user of a steam boiler or 
apparatus, feeling aggrieved at the decision of the Inspector, 
may appeal to the Board of Examiners, and upon a thorough 
and careful investigation of the matter at issue between the 
parties, a majority of the Board shall decide the question, and 
their decision shall be final, but the Inspector shall stand sus- 
tained unless his decision be reversed or modified by a ma- 
jority vote of the Board. The Inspector shall have no vote 
in any matter in which there is an appeal from his decision. 
The appeal herein provided for shall be made by giving writ- 
ten notice thereof to the said Board, or some member thereof, 
within two (2) days after the decision of the Inspector. (Id., 
Art. 139.) 


Sec. 1112. Boilers Used Day and Night Must Be Run by 
Two Engineers—Where boilers or such apparatus using steam 
are run night and day, the owner or user thereof must employ 
two licensed engineers to stand watch alternately, each work- 
ing not exceeding twelve hours, but the engineer in charge 
must have a first-class license. Any person or persons in- 
tending to place a boiler or boilers, or other steam generating 
apparatus under pressure, into his or their establishment or 
building, must apply to said Inspector for a permit before 
setting up any such boiler or boilers, or apparatus; and anyone 
failing or refusing to comply with this requirement shall be 
deemed guilty of a misdemeanor, and upon conviction shall 
be fined not less than Fifty Dollars ($50.00) nor more than 
Two Hundred Dollars ($200.00). (Id., Art. 140.) 


Sec. 1113. Boilers Must Be Inspected Before Being Used; 
Penalty—All owners or users in control of a steam boiler or 
boilers, or steam generating apparatus under pressure, shall 
have same inspected and tested as herein provided, before 
being used, and also while being used, as herein required, and 
for using such boiler or steam generating apparatus without 
such inspection having been made and permit issued, shall 
be guilty of a misdemeanor, and upon conviction shall be fined 
not less than Twenty-five Dollars ($25.00) nor more than 
Two Hundred Dollars ($200.00), and each day’s use thereof 
shall constitute a separate offense; provided, however, that the 
Inspector shall be authorized to make the test herein provided 


of the City of Houston 401 


for at any time (without extra cost to the owner or user). 
If any owner or user in control of a steam boiler or other 
steam generating apparatus under pressure, or any engineer 
in charge of same, shall cause or allow the same to carry a 
greater pressure than is allowed in the certificate of inspection 
granted by such Inspector, he or they shall be deemed guilty 
of a misdemeanor, and upon conviction shall be fined in a sum 
not less than Fifty Dollars ($50.00) nor more than Two Hun- 
dred Dollars ($200.00), and in case of an engineer, his license 
shall be revoked; and if such owner or user in control thereof 
shall use or cause to be used a boiler or other steam generating 
apparatus which has been condemned by the said Inspector 
as unsafe, he shall be guilty of a misdemeanor, and upon con- 
viction fined not less than One Hundred Dollars ($100.00) 
and not more than Two Hundred Dollars ($200.00). 


Every steam boiler or steam generating apparatus used in 
the City of Houston is hereby required to be sound in all its 
parts and properly set up and placed and stayed, and pro- 
vided with a good safety valve and appropriate gauge cocks, 
and a water glass in proper working order. The pressure to 
be allowed each boiler by the said Inspector shall be deter- 
mined by him according to the thickness of the material, ten- 
sile strength, style of riveting and seams and size of rivet holes. 
The brick work and settings around each boiler shall be in 
good condition, so that there shall be no danger to the boiler 
and buildings or other property contiguous to the same. (lId., 
Art. 141.) 


Sec. 1114. Certificates to Be Issued by City Controller— 
The City Controller shall issue to the Inspector certificates 
of inspection of steam boilers or other steam generating ap- 
paratus, regularly numbered and duly signed by said official, 
in denominations proper to meet the requirements of this chap- 
ter, and which shall also be in accordance with the ordinance 
heretofore passed providing a system of accounting for the 
departments of the city. There shall be paid in accordance 
with the ordinances of the city by all owners or users in con- 
trol of boilers or steam generating apparatus subject to this 
chapter the following inspection fees, and no more: For every 
boiler or steam generating apparatus, Five Dollars ($5.00), 
whether set single or in sets. Where sets of boilers are built, 
one over the other, only those over the fire pit shall be counted 
as one. Every certificate of inspection shall be properly filled 
up and signed by the Inspector, and shall be by the owner 
or user in control of the boiler or other steam generating 


A02 Revised Code of Ordinances 


—— 


apparatus displayed in some prominent place near where the 
boiler or boilers or such apparatus are used. The Inspector 
shall make such reports as are now required by the ordinances 
of the City of Houston. (Id., Art. 142.) 


Sec. 1115. Certain Exemptions—Al]l boilers carrying not 
over ten (10) pounds per square inch of pressure, used only 
for the purpose of heating private dwelling houses, supplied 
automatically with water, and all locomotives used for the 
purpose of drawing railroad trains, shall be exempt from this 
chapter. (lId., Art. 1438.) 


Sec. 1116. Salary of Inspector; Must Give Bond—The 
Inspector shall be paid out ‘of the City Treasury the sum of 
One Hundred and Twenty-five Dollars ($125.00) per month as 
full compensation for all services required of him by this 
chapter. He shall give bond, payable to the City of Houston 
in the sum of Three Thousand Dollars ($3000.00), with two 
solvent sureties to be approved by the Mayor and City Council, 
conditioned for the faithful, skillful and impartial performance 
of the duties of his office. The Deputy Inspector shall give 
bond in the sum of One Thousand Dollars ($1000.00) with the 
same conditions as required of the Inspector, and subject to 
the same approval. (ld., Art. 144.) 


Sec. 1117. May Be Discharged for Improper Conduct— 
If the Inspector or his deputy shall fail to discharge his duties 
by reason of inebriety or other wilful negligence, or in any 
manner use his position for any corrupt or dishonest purpose, 
he shall be deemed guilty of a misdemeanor and fined in any 
sum not exceeding Two Hundred Dollars ($200.00), and for- 
feit his office. (Id., Art. 145.) 


Sec. 1118. Inspector to Inspect Elevators—It shall be the 
duty of said Inspector to regularly inspect all elevators used 
for the purpose of carrying passengers or freight to see that 
the same are in perfect working order, and that all the parts 
thereof are in good condition and repair, and for this purpose 
he shall have the right, during reasonable hours, to enter the 
premises where such elevators may be. The result of said 
inspection shall be recorded by the Inspector in a book to be 
kept for that purpose. (lId., Art. 147.) 


Sec. 1119. Elevators; When Inspected—It shall be the 
duty of said Inspector to make such inspection of each elevator 
at least once in every three months, excepting elevators oper- 
ated exclusively by hand power, which shall be inspected at 


of the City of Houston 4038 


least every six months, and every owner or user of such an 
elevator shall apply to and procure from the Inspector within 
five days after such inspection a certificate to the effect that 
said elevator and its appurtenances are in safe and sound 
condition, and such certificate shall be kept framed in a con- 
spicuous place as near as possible to the entrance of the ele- 
vator car. (Id., Art. 148.) 


Sec. 1120. Unlawful to Run an Elevator Unless Inspect- 
ed—It shall be unlawful to run or operate within this city any 
elevator which has not been inspected within three or six 
months, as respectively required in the preceding section, and 
any user of an elevator, having control of same, who shall 
allow or cause the same to be run without such certificate, 
or who shall fail to keep posted the certificate of inspection 
as hereinbefore provided, shall be guilty of a misdemeanor, 
and on conviction fined not less than Ten Dollars ($10.00) 
nor more than One Hundred Dollars ($100.00), provided that 
each day’s violation of this section relating to elevators shall 
constitute a separate offense. (Id., Art. 149.) 


Sec. 1121. If Defective, Shall Not Be Used Until Re- 
paired—Should any defect be found to exist in any passenger 
elevator. or its appurtenances which reasonably tends to im- 
pair the safety of same or endanger life by its continued use, 
the Inspector shall cause written notice of such defect to be 
served upon the owner or user in control of such elevator, 
which notice shall contain a statement of the repairs necessary 
to be made, and the owner or user in control of said elevator 
shall not thereafter allow it to be used until a certificate in 
writing shall be issued by said Inspector that it has been put 
in safe running order and is fit for use. Any person owning 
or using and in control of a passenger elevator who shall vio- 
late any of the provisions of this section shall be guilty of a 
misdemeanor and fined not less than Ten Dollars ($10.00) 
and not more than Fifty Dollars ($50.00). (Id., Art. 150.) 


Sec.. 1122. Fees for Inspection—A fee of One Dollar and 
Twenty-five Cents ($1.25) shall be paid by the owner or user 
for each certificate of inspection of an elevator provided for 
in this chapter. (ld., Art. 150a.) 7 


Sec. 1123. Must Notify Inspector of Any Change—The 
owner or user in control of any such elevator in said city shall 
notify said Inspector of any change intended by the user or 
owner of elevators to be made in the same or any of its ap- 
purtenances, and if he shall find that same will not impair 


404 Revised Code of Ordinances 


its safety and reasonably tend to endanger life he shall issue 
a written permit authorizing such change; and any person 
owning or using or in control of such elevator, or any agent 
or employee thereof who shall knowingly cause or allow a 
change to be made in the same without such permit having 
been issued, shall be guilty of a misdemeanor, and upon con- 
viction fined not exceeding One Hundred Dollars ($100.00). 
Any manufacturer or builder, or other person intending to 
erect or construct an elevator within this city, shall notify said 
Inspector of the fact, and said Inspector shall inspect the plans 
and specifications for the same, and if said plans and specifica- 
tions are found by him to be proper and safe under all the 
eircumstances, a permit shall be issued by him allowing the 
construction of the elevator according to the same. Any per- 
son who shall cause an elevator for freight or passengers to be 
constructed or installed in any building in said city without 
first furnishing said plans and specifications to the Inspector 
and without his permit for the same as aforesaid, shall be 
guilty of a misdemeanor and fined not less than Ten Dollars 
($10.00) nor more than One Hundred Dollars ($100.00). (Id., 
Art. 151.) 


Sec. 1124. May Appeal to Council from Inspector’s De- 
cision—Any interested person who may consider himself ag- 
grieved because of any decision or action of said Inspector 
pertaining to an elevator, shall have the right within three (3) 
days after such ruling or action is had to appeal from the 
same, in writing, to the City Council of the City of Houston 
by filing his application, stating the grounds thereof, with the 
City Secretary of said city, and the ruling or action of the 
Inspector shall stand in all cases until reversed or modified by 
the City Council, whose action shall be final. (Id., Art. 152.) 


Sec. 1125. Inspection Fees to Be Paid to Assessor and 
Collector—Inspection fees and all other fees heretofore col- 
lected by the City Boiler Inspector or by the Secretary of the 
Board of Engineers of the City of Houston, shall hereafter be — 
collected by the City Assessor and Collector. (Id., Art. 153.) 


Sec. 1126. Blank Forms to Be Prepared by City Control- 
ler—Blank forms shall be prepared by the City Controller for 
the use of the Boiler Inspector and Secretary of the Board of 
Engineers and City Assessor and Collector, with which to com- 
ply with the provisions of this chapter. (lId., Art. 154.) 


of the City of Houston 405 


ARPICLE2. 
BOARD OF EXAMINERS OF STATIONARY ENGINEERS. 


Sec. 1127. Board to Consist of Two Members—There is 
hereby created a Board of Examiners, to consist of two prac- 
tical stationary engineers of at least five (5) years’ experience 
as such, who are competent engineers or machinists, and ac- 
tually employed, and the Boiler and Elevator Inspector, whose 
duty it shall be to examine stationary engineers as to their 
capacity to understand and operate engines and boilers and 
to perform such other duties as may be prescribed by this 
chapter, said two members of said Board to be appointed 
by the Mayor of the City of Houston, by and with the con- 
sent of the City Council, and they shall be paid by the City 
of Houston Two Dollars and Fifty Cents ($2.50) for each meet- 
ing attended by them, not to exceed two meetings in any cal- 
endar month; provided, that the Boiler and Elevator Inspector 
shall only receive the salary or fees of the office of Boiler and 
Elevator Inspector. (Code 1904, Art. 155.) 


Sec. 1128. Boiler and Elevator Inspector to Act as Secre- 
tary of Board—The Boiler and Elevator Inspector shall, in 
addition to the duties of his office of Boiler and Elevator In- 
spector, perform the duties of Secretary of the Board of Exam- 
iners. (ld., Art. 156.) 


Sec. 1129. Shall Hold Sessions Twice in Each Month, 
Etc.—Said Board of Examiners shall hold its sessions in the 
office of the Boiler and Elevator Inspector, and shall be pro- 
vided with all blanks and stationery and test pumps and gauges 
as shall be needful for their official duties. Said Board shall 
provide for regular sessions, twice in each month, to examine 
into the qualifications of applicants for engineer’s license, and 
the Secretary shall keep minutes of its proceedings. The Sec- 
retary shall have power to call a special meeting of the Board 
when deemed necessary. A majority of the members of said 
Board shall constitute a quorum for the transaction of busi- 
ness. The said Secretary shall keep a register of the names 
of all applicants, designating those found qualified and those ' 
not found qualified. Said Board shall grant certificates of 
license when proper under the terms of this chapter, charg- 
ing each applicant therefor the sum of Five Dollars ($5.00) 
for the first certificate, One Dollar ($1.00) to be deposited in 
advance, each applicant to be allowed three (3) trials. If he 


fails to pass a satisfactory examination, the applicant shall 
33 


406 Revised Code of Ordinances 


forfeit to the city the money so deposited, but if he has the 
capacity, skill, experience and habits of sobriety requisite for 
the performance of the duties of any engineer, and shall be 
so found by the Board, he shall be granted a license for the 
term of one year upon the payment of an additional Four Dol- 
lars ($4.00). Any person thus qualified shall not be refused 
a license. Renewals of licenses will be granted to applicants 
upon the payment of $2.50, if applied for at or before the next 
regular meeting of the Board after the expiration of his li- 
cense. No such renewal license shall be issued until the expired 
license shall be surrendered to the Secretary of the Board. 
Said Board shall vise all engineer’s licenses granted under 
the United States laws and presented by the holders thereof, 
and they shall then have the same effect as licenses granted by 
the Board, and the engineers whose licenses are so vised by 
the Board shall be subject to the provisions of this chap- 
ter. All certificates of license granted shall be signed by not 
less than two members of the Board. Said Board may adopt 
such rules and regulations as they shall deem proper, not 
inconsistent with this chapter and the general law. The Board 
of Examiners shall have power by a majority vote to revoke 
an engineer’s license for habits of inebriety or dishonesty 
connected with the discharge of his duties or for neglect of his 
duties as an engineer, and they may order the re-inspection 
of any boiler when deemed necessary for the purpose of safety ; 
but no license shall be permanently revoked without first giv- 
ing the accused an opportunity of being heard in his defense. 
Applicants for licenses may receive first or second grade li- 
censes, according to their ability as steam engineers, and will 
be graded by the Board of Examiners. (ld., Art. 157.) 


Sec. 1130. May License an Experienced Person Tempor- 
arily—In case the user or owner in control of any boiler shall 
for any cause be deprived of the service of a licensed engineer, 
he must notify said Secretary at once, and in such event, by the 
Secretary’s written consent, procure an experienced and care- 
ful person to act as such engineer for a time not exceeding 
three (3) days. (lId., Art. 158.) 


Sec. 1131. Owners Must Employ Only Those Who Have 
Certificates—Every owner or user in control of any steam 
boiler or boilers or steam generating apparatus in the City of 
Houston shall when the boilers are in use employ and have in 
charge of the same a competent engineer having a certificate 
of license from the Board of Examiners, as herein provided; 
and if the owner or user aforesaid shall fail or refuse to em- 


of the City of Houston 407 


ploy and have in charge of the same such licensed engineer 
as herein provided, he shall be deemed guilty of a misdemeanor, 
and upon conviction fined not less than T'wenty-five Dollars 
($25.00) nor more than Two Hundred Dollars. Any person 
serving as an engineer of such boiler or boilers, or steam 
generating apparatus, without first having obtained a proper 
license or permit, as herein provided, shall be guilty of a misde- 
meanor, and upon conviction fined not less than Ten Dollars 
($10.00) nor more than Fifty Dollars ($50.00), and any per- 
son who shall serve as an engineer of any boiler or steam 
generating apparatus that has not been inspected, as required 
by the section providing for inspection of the same, and for 
which a proper certificate and permit to use has not been 
issued within one year, as in said section provided, shall have 
his license revoked. (Id., Art. 159.) 


Sec. 1132. Members of Board Must Give Bond—Each 
member of the Board of Examiners shall give bond payable to 
the City of Houston, in the sum of Five Hundred Dollars 

($500.00) with two (2) solvent sureties to be approved by the 
- Mayor and City Council, conditioned for the faithful, skillful 
and impartial performance of the duties of his office. (Id., 
Art. 160.) 


Sec. 1133. Certain Persons Exempt—That the engineers 
of all locomotives drawing railroad trains are exempt from 
the provisions of this chapter. (1d., Art. 161.) 


408 . Revised Code of Ordinances 


CHAPTER XXXX. 


Street Railways. 


ARTICLE 1. 
CONSTRUCTION, MAINTENANCE, REPAIRS, OPERATION, ETC. 


Sec. 1134. Permission to Be Obtained for Constructing 
Street Railway—No street railway company shall hereafter 
construct any line of street railway upon any street or portions 
of street in the City of Houston until they shall first have 
obtained in writing the consent of the Mayor and City Council 
sotodo. (Code 1904, Art. 997.) . 


Sec. 1135. Permission to Be Obtained for Relaying 
. Tracks—No street railway or other railway company shall re- 
place or put down any track or tracks which have been re- 
moved from any street for the purpose of having the same 
paved or otherwise improved without first obtaining the writ- 
ten permission of the Mayor and City Council, and shall also 
pay their pro rata portion of the cost of such improvements 
made on such street due at that time, in accordance with the 
terms of the City Charter. (Code 1904, Art. 998.) 


Sec. 1136. Requiring Johnson Grooved Girder Rail on 
Paved Street—All rails hereafter laid by or for any street rail- 
way or any street now improved or that may hereafter be im- 
proved shall be Johnson center-bearing flange rails, known as 
grooved girder rails, of such size and weight as may be ap- 
proved by the City Engineer, and that no “T” rail of any size 
or weight shall be hereafter laid upon any improved street 
excepting Odin Avenue for a distance of about two thousand 
(2000) feet in a southerly direction from its intersection with 
Carr Street; and on San Jacinto Street from south side of 
Franklin Street to bridge across Buffalo Bayou; and on Wil- 
low Street from San Jacinto Street bridge to Liberty Street; 
and on Liberty Street from its intersection with Willow Street 
to the Houston & Texas Central Railroad crossing. (Code’ 
1904, Art. 999.) | 


Sec. 1137. Must Use Grooved Girder Rails on All Repair 
Work; When—Hereafter, when any street within the corpo- 
rate limits of the City of Houston shall be paved, improved or 
repaved with asphalt or brick or block pavement, any person, 


of the City of Houston 409. 


—— ian 


firm, corporation or association of persons by whom street 
railway track is maintained on the said street shall be required 
to change the form of rails used on such street railway track 
to Johnson center-bearing flange rails or grooved girder rails 
of a size, form, weight, dimension and character approved by 
the City Engineer, and it shall be unlawful for any street rail- 
way company to continue to maintain a street railway track 
with a ‘T” rail of any size, weight or dimension after such 
street may have been laid or paved with-a pavement of the 
kind and character herein stated. (Code 1904, Art. 1000.) 


Sec. 1138. Penalty if Not Complied With in Sixty Days— 
If any street railway company shall fail to put down the rails 
above described within sixty days after notice to do so by the 
Mayor, that such failure shall be a forfeiture of the right of 
the said street railway company to use said streets for the 
operating of its street railway. And that it shall be the duty 
of the Mayor to prevent the said street railway company from 
laying any other rails upon the streets where they are noti- 
fied to lay the above rail, except the rail as provided for by 
this chapter. (Code 1904, Art. 1001.) 


Sec. 1139. Kind of Stringers to Be Used—No street rail- 
way shall hereafter be permitted to use any other than string- 


ers and ties made of heart red cypress or long leaf heart pine. 
(Code 1904, Art. 1002.) 


Sec. 1140. Street Railway Tracks to Be Maintained on a 
Level—lIt shall be the duty of every person, firm or corpora- 
tion owning or operating a street railway, or ordinary rail- 
road, on or over streets in the City of Houston, to keep and 
maintain all railway tracks owned or used by such person, 
firm or corporation, unless otherwise specially authorized or 
directed by the City Council, on a level with the surface of 
the street roadway occupied by such tracks, and such tracks 
shall be kept and maintained by the person, firm or corpora- 
tion owning or using the same at all times and in all places 
in such manner with reference to said roadways as will not 
necessarily inconvenience, impede or interfere with the public 
use of said streets. (Code 1904, Art. 1003.) 


Sec. 1141. Track to Be Repaired—When from public 
travel or any natural cause any portion of the roadway of a 
street next to or near the rail or rails of such track or tracks 
shall be removed, worn or washed away, so that such track or 
tracks will on account thereof unreasonably obstruct public 
travel and convenience, then it shall immediately become the 


410 Revised Code of Ordinances 


duty of the person, firm or corporation owning or using such 
track or tracks to cause such fillings to be made at such place 
or places, with the same material with which the roadway is 
there constructed, as may be necessary to obviate or prevent 
such obstruction, and to the end that travel upon and over the 
streets of Houston for ordinary purposes shall not be unnec- 
essarily impeded by street car or ordinary railroad tracks. 
(Code 1904, Art. 1004.) 


Sec. 1142. Unlawful to Interfere With Motorman or Con- 
ductor; Penalty—That it shall be unlawful for any person 
not authorized by the company owning the car to interfere 
with, hinder or impede any motorman or conductor on any 
electric street car in the City of Houston in the operation and 
management of said car. That any person violating this sec- 
tion shall be punished by a fine of not less than Five nor more 
than Twenty-five Dollars. (Code 1904, Art. 1005.) 


Sec. 1143. Unlawful to Jump On and Off Cars—lIt shall 
be unlawful for any person in the City of Houston to jump 
off or on, cling to or hang on any electric street railway car 
while the same is in motion, said person not being a passen- 
ger who has paid his fare, or an employee, or an officer of the 
street railway company. (Code 1904, Art. 1006.) 


Sec. 1144. Penalty—Any person violating the preceding 
section shall be fined, on conviction, not less than One Dollar 
nor more than Twenty-five Dollars. (Code 1904, Art. 1006a.)2® 


Sec. 1145. Notice of Needed Repairs on Line of the Street 
Railway—lIt is hereby made the imperative duty of the Chief 
of Police, Deputy Chief of Police, Street Commissioner, and 
of police officers, who may notice or take cognizance of any 
hole, cut or washout on any street on which the Houston City 
Street Railway Company or other street railway companies 
run their cars, and which hole, cut or washout is or may be 
the means of impeding travel, by cause of the track of said 
company being higher or lower than the street, to immediately 
give notice to a local officer of said company to have the same 
repaired and placed at a proper grade, with gravel, sand or 
shell, or other proper material, to a distance of not less than 
two feet from either side of the track, and in such manner as 
that at any time any vehicle may cross said track without dan- 
ger or inconvenience thereto. (Code 1904, Art. 1006b.) 


Sec. 1146. Neglect to Make Repairs After Notice—If 
after any local officer of said railroad company has been noti- 


of the City of Houston All 


fied to make any such repair, and the company shall fail or re- 
fuse to do so, he shall be lable to the penalty hereinafter 
imposed, and each day that such repairs are not made after 
such notice shall be a separate offense. (Code 1904, Art. 
1007.) 


Sec. 1147. Street Railway Company to Keep Crossings in 
Repair—lIt shall be the duty of the Houston City Street Rail- 
way Company, or other street railway company having tracks 
upon the streets of the City of Houston, to keep up and in 
good repair all crossings from curb to curb at the intersec- 
tions of other streets over which their line of-railway runs, 
at their own proper cost and expense. (Code 1904, Art. 1008.) 


Sec. 1148. Ordinances Granting Rights of Way, Etc., Re- 
pealed—That, whereas, various ordinances have been passed 
by the City of Houston granting rights of way and franchises 
to street railway companies prior to March 1, 1895, the terms 
of which ordinances contemplated that all rights of way there- 
under granted should be availed of within a reasonable time 
where no definite time was stipulated, and restrictions and 
Jimitations were in many cases made; and, whereas, a great 
many of the streets of the City of Houston are now being 
paved, and there may be made an effort by various railroad 
companies in the future to occupy streets or portions of streets 
not now occupied by street railways, under ordinances passed 
prior to March 1, 1895, and against the best interests of the 
City of Houston, and as it is the intention of the City of 
Houston to maintain full control over all streets and rights 
of way; now, therefore, by the terms of this section all ordi- 
nances granting franchises and rights of way for street car 
and street railway purposes of all kinds passed prior to March 
1, 1895, that have not been and are not now accepted and 
streets occupied and actually used, under the terms thereof, are 
hereby repealed, and the passage of this section shall become 
notice to all street car and street railway companies that claim, 
or may claim, any rights or privileges under ordinances passed 
previous to the first day of March, A. D. 1895, that all por- 
tions not in actual operation at the time be and the same are 
hereby repealed. (Code 1904, Art. 1009.) © 


Sec. 1149. Penalty for Failure to Comply With Any Ordi- 
nance—That if any street or other railway company shall fail 
or neglect to comply with any ordinance of the city relating 
to the use of streets by such railway company, it shall be 
proper for the Mayor to cause to be delivered to one of the 


412 Revised Code of Ordinances 


resident managing officers of such company a notice in writ- 
ing, calling the attention of such company to the ordinance vio- 
lated, and to the particular manner in which the same is vio- 
lated; and thereupon, unless such company shall, within ten 
days after the delivery of such notice, comply in the partic- 
ulars thus pointed out with such ordinance violated, such com- 
pany shall be liable to a penalty of One Hundred Dollars, and 
each day that shall lapse thereafter before said ordinance shall 
be complied with shall constitute a separate offense, and such 
penalty shall be collected in a civil suit, brought in the name 
of the City of Houston against the company so offending, in 
either of the Justice’s Courts of Precinct No. 1 of Harris Coun- 
ty, Texas. (Code 1904, Art. 1010.) 


Sec. 1150. . Prompt Compliance With Orders Required— 
It is hereby made and declared to be the duty of every person, 
firm or corporation owning or using such tracks in the streets 
of said city to immediately comply with all such reasonable 
commands, orders or directions as may be given them, either 
by the Mayor or City Council of said city, relative to the per- 
formance of such acts on their part of any reasonable char- 
acter whatever as may be deemed necessary to secure the end 
above mentioned. (Code 1904, Art. 1011.) 


Sec. 1151. Penalty—If any person, firm or corporation 
shall fail to comply with the provisions of this chapter, or shall 
fail to comply with the terms or provisions of any ordinance 
of the city granting to such person, firm or corporation privi- 
leges connected with the use of streets in the City of Houston, 
such person, firm or corporation shall be deemed guilty of an 
offense, and shall be liable to a penalty.of One Hundred Dollars 
($100.00), the same to be recovered by civil suit instituted 
in either of the Justice’s Courts of Precinct No. 1, of Harris 
County, Texas, as provided for in the Charter of said City of 
Houston, and each and every day’s neglect on the part of such 
person, firm or corporation to comply with the provisions of 
this chapter, or those of any ordinance granting said special 
privileges, shall constitute a separate offense. (Code 1904, Art. 
1012.) 


Sec. 1152. Must Keep Bridges, Crossings and Streets in 
Repair—lIt shall be the duty of all steam and electric railway 
companies, operating their lines over the streets of the City 
of Houston, to construct and keep in repair from curb to curb 
all bridges and crossings at the intersection of streets and ave- 
nues and over all ditches, sewers and culverts on the line of 


of the City of Houston 413 


said railways on all streets within the city limits over which 
they run. (Code 1904, Art. 10138.) 


Sec. 1153. Penalty—Any railway company, person or cor- 
poration operating a steam or electric railroad in the City of 
Houston over any street, which shall fail to comply with the 
provisions of the above section, shall be liable to a penalty of 
Fifteen Dollars, the same to be recovered in a civil suit brought 
in the name of the City of Houston in either of the proper 
Justice’s Courts of Harris County, Texas, and each day’s fail- 
ure to comply with the above section shall constitute a sep- 
arate offense and penalty. (Code 1904, Art. 1014.) 


Sec. 1154. Unlawful to Monopolize End Seats—It shall be 
unlawful for any person or passenger to monopolize the end of 
seats on street cars when other passengers :seek seats thereon, 
and thereby force said passengers to push by or to climb over 
them. (Code 1904, Art. 1024.) 


Sec. 1155. Must Move When Requested—Each person or 
pasenger who takes a seat on a street car in which the seats 
run cross-wise, shall, when another person enters, move fur- 
ther from the entrance to said seats, so as to make room for 
said person or passengers, and keep moving as passengers 
enter until the seat is filled. (Code 1904, Art. 1024.) 


Sec. 1156. Penalty—Any person violating any of the pro- 
visions of the next two preceding sections shall, on conviction, 
be fined not less than Five Dollars and not more than Twenty- 
five Dollars for each and every offense. 


Sec. 1157. Street Cars Must Be Vestibuled When Used 
From November to March—That it shall be unlawful for any 
street railway company. or superintendent or manager or re- 
ceiver thereof, operating electric cars along the streets of the 
City of Houston, to knowingly allow any electric car of said 
company to run along any street or over any bridge in said 
city between the first day of November and the first day of 
March of any winter unless the front and rear platforms of 
said cars be protected from the inclemency of the weather by 
suitable and sufficient material to reasonably exclude cold air, 
rain and snow. (Code 1904, Art. 1027.) 


Sec. 1158. Penalty—Any manager, superintendent or re- 
ceiver of such electric street railway company who shall vio- 
late any provision of the foregoing section shall be adjudged 
guilty of a misdemeanor, and, upon conviction in the Corpora- 


414 Revised Code of Ordinances 


tion Court, shall be fined in a sum not less than Ten Dollars 
nor more than Fifty Dollars for each violation of said section, 
and each car being so run in violation of said section for any 
one day, or part thereof, shall be considered a separate offense. 
(Code 1904, Art. 1028.) 


Sec. 1159. Street Railways Must Provide Separate Com- 
partments—E very street railway company, lessee, manager, 
receiver or owner thereof, operating street cars in the City 
of Houston as common carriers of passengers for hire, shall 
provide separate cars for the accommodation of white and 
negro passengers, which separate cars shall be equal in all 
points of comfort and convenience. (Code 1904, Art. 1029.) 


Sec. 1160. How Divided or Partitioned—Each compart- 
ment or division of a car, partitioned, divided or screened in a 
substantial way, and plainly separating the portion of the car 
to be used by each race, shall be deemed a separate car within 
the meaning of this section, and each separate car shall have 
in some conspicuous place appropriate words in plain letters, 
indicating the race for which it is set apart. (Code 1904, 
Art. 1030.) 


Sec. 1161. Term ‘“‘Negro’’ Defined—The term “negro,” as 
defined in Sections 1159 and 1160, includes every person of 
African descent, as the same is defined by the statutes of the 
State of Texas. All persons not included in the definition of 
“negro” as above defined shall be deemed a white person with- 
in the meaning of this chapter. (Code 1904, Art. 1031.) 


Sec. 1162. Penalty for Failure to Provide Separate Com- 
partments—Any street railway company, lessee, manager or 
receiver or owner thereof which shall fail to equip and operate 
its system or road with separate cars for passengers, as above 
provided for, shall be lable for each and every failure to a 
penalty of not less than Twenty-five nor more than One Hun- 
dred Dollars, to be recovered by the City of Houston in suit 
to be brought in the name of the City of Houston in any court 
having competent jurisdiction, and each trip run with any such 
car or string of cars without separate cars as herein defined 
shall be deemed a separate offense. (Code 1904, Art. 1034.) 


Sec. 1163. Conductors Shall Have Right to Refuse Pas- 
sage—The conductors on all separate cars as herein defined 
shall have the authority to refuse any passenger or person the 
right to sit or stand in any separate car in which said passen- 
ger or person is not entitled to ride under the provisions and 


of the City of Houston A415 


within the meaning of this chapter, and such conductors shall 
have the right also to remove from a car, or division thereof, 
any passenger not entitled to ride therein under the provi- 
sions of this chapter, and such person so removed shall not be 
entitled to a return of any fare paid. (Code 1904, Art. 1033.) 


Sec. 1164. Penalty for Passengers Violating Foregoing 
Section—If any passenger upon any street car provided with 
separate cars within the meaning of this chapter shall ride 
in any car not designated for his race, after having been for- 
bidden to do so by the conductor in charge of said car, he 
shall be guilty of a misdemeanor and shall be fined, upon con- 
viction, not less than Five nor more than Twenty-five Dollars. 
(Code 1904, Art. 1034.) 


Sec. 1165. Do Not Apply to Nurses—tThe provisions of 
this chapter shall not be so construed as to prohibit nurses 
from riding in the same car with their employers, even though 
of different race, and shall not prohibit officers from riding 
with prisoners in their charge. (Code 1904, Art. 1035.) 


Sec. 1166. Shall Not Apply to Special or Excursion Cars 
—The provisions of this chapter shall not apply to any excur- 
sion car or special cars strictly as such for the exclusive bene- 
fit of either race, but in all such cases said cars shall be plainly 
marked “Excursion Car” or “Special Car.’”’ (Code 1904, Art. 
1036.) 


Sec. 1167. Unlawful to Run Cars With Flat Wheels— 
That it shall be unlawful for any street railway company or 
superintendent or manager or receiver thereof, or any other 
officer or person, in any manner in control thereof, to operate 
or run or permit to be operated or run by means of electricity 
or other motive power, any car commonly known as a “flat 
wheeled car,” along or over any street, way or bridge in the 
City of Houston.. (Jan. 9, 1905; Ord. Bk. 2, p. 165, Sec. 1.) 


Sec. 1168. Penalty—Any manager, superintendent or re- 
ceiver of any such company as that mentioned in the next pre- 
ceding section, or any other person or officer of any such com- 
pany who shall violate any provision of said section, shall be 
deemed guilty of a misdemeanor, and on conviction thereof 
shall be fined in a sum not less than Twenty Dollars ($20.00) 
nor more than Fifty Dollars ($50.00) for each and every vio- 
lation thereof, and each car so run or operated in violation of 
any such provision, for each day or part thereof, shall be 
deemed a separate offense: (Id., Sec. 2.) 


416 ‘Revised Code of Ordinances 


Sec. 1169. Shall Water Tracks—That the Houston Elec- 
tric Street Railway Company, or any company or corporation 
now operating or that may hereafter operate street car lines 
within the limits of Houston, shall water their tracks on 
streets paved with brick or asphalt, or that may hereafter be 
paved with brick or asphalt, so as to effectually keep down ue 
dust. (Jan. 9, 1905; Ord. Bk. 2, p. 165, Sec. 1.) 


Sec. 1170. Penalty—That the Houston Electric Street 
Railway Company or other corporation violating the provi- 
sions of the foregoing two sections shall be fined not less than 
Twenty-five Dollars ($25.00) nor more than One Hundred 
Dollars ($100.00) for each and every offense; each day. said 
sections are violated shall be considered a distinct and sep- 
arate offense. (Id., Sec. 3.) 


Sec. 1171. Exclusive Duty Conductor to Shift Screens; 
Penalty—That it shall be the exclusive duty of the conductor 
of any street car, in his discretion, to shift the screen or 
sereens that separate the two compartments for the white and 
black races, and any person other than said conductor who 
shall shift or change from one place to another the screen or 
screens separating the two compartments of any. street car 
shall be guilty of an offense, and, upon conviction thereof in 
the Corporation Court, shall be fined in any sum not less than 
Five Dollars ($5.00) nor more than Two Hundred Dollars 
($200,;00).> (Aug, 19) 1907; Ord. Bke 2, pr 439; Sec: 17) 


Sec. 1172. Conductor to Report Person Shifting Screens; 
Penalty—It is hereby made the duty of any conductor in 
charge of any street car whereon or in which any person, 
other than himself, shall shift or change from one _ position 
to another any screen or screens separating the two compart- 
ments of said car, to report said person so offending to the 
Corporation Court, and to file complaint against said offend- 
er, and any conductor who shall fail or refuse to report such 
violation shall be guilty of an offense, and upon conviction of 
Same in the Corporation Court shall be fined in any sum not 
more than Fifty Dollars ($50.00). (Id., Sec. 3.) 


Sec. 1173. Power of Conductor Over Screens and Passen- 
gers; Penalty—That the conductor in charge of any street 
car in which there are screens separating the compartments 
for the white and black races, is hereby authorized, in his dis- 
cretion, to shift and change said screens, and to require pas- 
sengers to occupy seats on the proper side thereof, and any 
person who shall fail or refuse to move to the seat proper for 


of the City of Houston A417 


his own race, when directed so to do by the conductor, there 
being a seat on the proper side of the screen to which the 
passenger can move, shall be guilty of an offense, and upon 
eonviction of same in the Corporation Court, shall be fined 
in any sum not less than Five Dollars ($5.00) nor more than 
Two Hundred Dollars ($200.00). (Id., Sec. 4.) 


Sec. 1174. Smoking on Car, Except Rear Platform, For- 
bidden—That it shall be unlawful for any person while with- 
in or being or riding within any street car upon or being oper- 
ated along any of the streets or ways of the City of Houston, 
to smoke any pipe, cigar, cigarette, tobacco or any other of- 
fensive substance in any form whatever; provided, however, 
that persons standing on the rear platform of such car shall 
be permitted to smoke while standing or remaining upon said 
rear platform, but shall not smoke as aforesaid upon the 
front platform or any other portion of said car, except as here- 
in specified... (Jan. 27, 1908; Ord. Bk. 2, p. 454, Sec. 1.) 


Sec. 1175. Conductor to Notify Violators of Nature Ordi- 
nance—lIt shall be the duty of the conductor or other person 
in charge of any street car in or being operated upon any 
street or way in the City of Houston to notify any passenger 
who violates or attempts to violate the next preceding sec- 
tion, as to the nature of said ordinance, and in case said per- 
son persists in smoking upon said car in violation of said sec- 
tion, it shall be the duty of said conductor to take the name of 
said person and of witnesses and to report said violation of 
said person together with said names to the Chief of Police, 
his deputy, or to any police officer, whose duty it shall be upon 
receiving said information to file a complaint before the Cor- 
poration Court against said person so offending. (Id., Sec. 2.) 


Sec. 1176. Copy of Ordinance to Be Posted in Every 
Car—It shall be the duty of the Houston Electric Street Rail- 
way Company to post a copy of this ordinance in a conspicu- 
ous place in each and every street car operated on the streets 
of the City of Houston. (lId., Sec. 3.) 


Sec. 1177. Penalty—Any person violating any provision 
of the next three preceding sections shall be deemed guilty of 
an offense and upon conviction thereof in the Corporation 
Court shall be fined in any sum not less than One Dollar 
($1.00) nor more than One Hundred Dollars ($100.00)... (1d.. 
Sec. 4.) 


418 Revised Code of Ordinances 


Sec. 1178. Cannot Cut Belt, Except in Emergency—That 
when any street railway operating in the City of Houston has 
established a belt line, it shall be unlawful for any car or for 
the motorman, conductor or other person in charge of said 
car, to cut the belt with such car, except only in a case of im- 
perative necessity. (Mar. 22, 1909; Ord. Bk. 2, p. 541, Sec. 1.) 


Sec. 1179. Definition “Cutting Belt’; Penalty—By a car 
“cutting the belt” is meant, where a car running along a belt 
line leaves the said belt line and moves into the opposite side 
of the belt line at some point short of the end of the belt; that 
is, at some point short of the point at which the belt line turns 
for the purpose of moving back on its course. 


A belt line shall be considered as established in a certain 
course when the cars on said line customarily run in said 
course. Any person, corporation or association operating a 
line of street railways in the City of Houston, and the man- 
ager or superintendent of such street railway, and the con- 
ductor or motorman or other person in charge of the partic- 
vlar car which cuts the belt, contrary to the terms of this 
and preceding section, shall each be guilty of an offense, and 
en conviction thereof in the Corporation Court shall each be 
fined in any sum not less than Twenty-five Dollars ($25.00) 
nor more than One Hundred Dollars ($100.00) for each of- 
fense, and it shall be a separate offense for each time the belt 
is cut contrary to the terms of this and preceding sections. 
(Id., Sec. 2.) 


ARTICLE 2. 
FARES, TRANSFERS. 


Sec. 1180. Rates of Fare for Adults—AlIl persons, firms, 
corporations or receivers, owning, running, leasing or operat- 
ing street railways upon and over streets within the corporate 
limits of the City of Houston, Harris County, Texas, are re- 
quired to carry passengers on said lines of street railway for 
a fare not to exceed the sum of five cents for passengers over 
the age of twelve years, for one continuous trip of any dis- 
tance within said city limits; provided, that nothing in any 
portion of this chapter shall be construed as an attempt to 
change the rate of fare fixed by an act of the Legislature of the 
State of Texas, regulating fares for children and students in 
certain cities and towns, approved April 10th, 1903. (Code 
1904, Art. 1015.) 


of the City of Houston 419 


Sec. 1181. Fares for Children Between Ages of Five and 
Twelve Years—All persons, firms, corporations or receivers 
owning, running, leasing or operating street railways upon 
and over the streets of said City of Houston are required to 
carry children of five years of age or between the ages of five 
years and not exceeding twelve years of age, within said City 
of Houston, at and for not exceeding one-half of the charge 
of fare regularly collected on said cars for the transportation 
of adult passengers. (Code 1904, Art. 1016.) 


Sec. 1182. Must Furnish Books for Half Fare—It shall 
be the duty of said person, firm, corporation or receiver so op- 
erating street railways in said city, to furnish and supply chil- 
dren of five years of age or between the ages of five years and 
not exceeding twelve years of age, with tickets good for the 
fare of such child or children over any of its lines within the 
said City of Houston; said tickets to be sold by the officers 
and agents of said railway company at its office in the City 
of Houston in books of not less than ten tickets to said chil- 
dren, their parents or guardians; said tickets to be good when 
presented by any child or children within the ages mentioned. 
(Code 1904, Art. 1017.) 


Sec. 1183. Must Give Transfers—That any person who 
has paid the fares provided for herein, or by the law passed 
by the Legislature of the State of Texas, hereinbefore referred 
to, shall be entitled to receive, and said person, firm, corpora- 
tion or receiver owning, running, leasing or operating any 
street railway within the corporate limits of said City of Hous- 
ton, as aforesaid, is required to give to such person transfer 
ticket to any line of street railway owned, run, leased or oper- 
ated by such person, firm, corporation or receiver, within said 
corporate limits of the City of Houston, which joins, connects 
with, crosses or intersects the line of street railway upon and 
over which said person has ridden, who has paid the fare pro- 
vided by this chapter or by the law of the State of Texas be- 
fore referred to, the said transfer ticket to be given such per- 
son on demand therefor, and said transfer ticket shall entitle 
such person, without further charge, to be carried on any 
such other line adjoining, connecting, crossing or intersect- 
ing the line on which the fare was paid, as aforesaid, owned, 
run, leased or operated by such person, firm, corporation or 
receiver, for a continuous trip of any distance on said line 
within the corporate limits of the said City of Houston, if 
passage be taken by the person holding the transfer on the 
first available car passing over the line named in the transfer 


420 Revised Code of Ordinances 


after alighting from the car on the line on which the original 
fare was paid. (Code 1904, Art. 1018.) 


Sec. 1184. Cars Must Contain Notices of This Chapter— 
Each and every car or other vehicle subject to the provisions 
of this chapter shall be provided on the inside with two or 
more conspicuous notices containing so much of Section 1183 
relating to transfer tickets as may be necessary, and it shall 
be the duty of every person, firm, corporation or receiver own- 
ing, leasing, running or operating such street railways, and of 
each and every person in charge of or operating the cars or 
other vehicles thereof, to provide such notices in said cars as 
aforesaid. (Code 1904, Art. 1019.) 


Sec. 1185. Penalty for Conductors Not Supplying Trans- 
fers—Any person, firm, corporation or receivers, owning, leas- 
ing, running or operating such street railways within the cor- 
porate limits of the City of Houston, or any manager or su- 
perintendent thereof, by failing to sell the books of tickets 
herein provided for, or by refusing to permit any child be- 
tween such ages to ride on such tickets, or who shall violate 
any provision or provisions of Sections 1180 to 1184, inclu- 
sive, shall be fined,*upon conviction, not less than Twenty-five 
and not more than One Hundred Dollars, and any conductor 
or other person in charge and control of any car violating any 
of the provisions of Sections 1180 to 1184, inclusive, by re- 
fusing to deliver such transfer ticket, when demanded by.a 
passenger entitled to same hereunder, or by violating said 
Sections 1180 to 1184, inclusive, or any of their provisions 
Shall be fined not less than Twenty-five nor more than One 
~Hundred Dollars upon conviction. (Code 1904, Art. 1020.) 


Sec. 1185a. Penalty for Failure to Supply Books—Any 
manager, superintendent or other agent who shall fail or re- 
fuse to provide and keep supplied at any and all times a suffi- 
cient number of such transfers and children’s tickets, as before 
provided, shall be deemed guilty of a misdemeanor, and, on 
conviction, shall be fined in any sum not less than Twenty-five 
Dollars and not more than One Hundred Dollars for each and 
every offense. (Code 1904, Art. 1021.) 


Sec. 1186. Not to Apply to More Than Two Lines—This 
chapter shall not be construed so as to require transportation 
to be furnished to any person over more than two lines of 
street railway for one fare. (Code 1904, Art. 1021.) 


of the City of Houston 421 


Sec. 1187. Children Under Five to Be Transported Free; 
When—All such persons, firms, corporations or receivers are 
required to transport children of the age of five years, or less, 
when attended by a passenger of above such age, free of 
charge. (Code 1904, Art. 1021.) 


Sec. 1188. Free Transportation, to Whom, May Be Is- 
sued—That the Houston Electric Company, operating the sys- 
tem of city street railways in the City of Houston, is hereby 
expressly authorized and empowered to issue free passes and 
free transportation over said line of street railway, first, to all 
firemen or members of the Fire Department of the City of 
Houston; and second, to all police officers or policemen of the 
City of Houston; and all such firemen and members of the 
Fire Department, officers and policemen are expressly author- 
ized to accept and use such free passage or transportation. 
Clulyce L900 feeOrd, Bke 2 po 0a. eC. aL.) 


34 


422 Revised Code of Ordinances 


CHAPTER XLI. 


Streets, Sidewalks, Etc. 


Article 1.—Openings, Etc. 
2.—Construction, Repairs, Etc. 
3.—Obstructions. 
4.—Awnings, Signs, Etc. 


5.—Poles. 
6.—Bill Posting. 
7.—Traffic. 


8.—Miscellaneous. 


ARTICLE 1. 
OPENINGS, ETC. 


Sec. 1189. Unlawful to Make Opening Without Permit— 
That it shall be unlawful for any person, firm or corporation or 
any officer, representative or employee of such corporation, 
to make or cause or permit to be made any cut or excavation 
in or under the surface of any public street, alley, sidewalk or 
other public place for the installation, repair or removal of 
any pipe, conduit, duct, tunnel or other structure, or for any 
purpose whatsoever, without first obtaining from the City En- 
gineer a written permit to make such cut or excavation; pro- 
vided, that the City Engineer shall not grant permits for the 
eutting or excavation for main or trunk line pipes or conduits 
under the public streets, alleys, or other public places in the 
City of Houston, unless permission has been first secured there- 
for from the Mayor of the City of Houston. But the City En- 
gineer shall be authorized to grant a permit to lay any lateral 
or service pipe, where, in his judgment, it will be safe to do so, 
without the necessity of receiving the approval of the Mayor. 
(Oct. 28, 1913; Ord. Bk. 3, p. 487, Sec. 1.) - 


Sec. 1190. Openings for Main, Etc., Pipes Must Be Ap- 
proved by Mayor—When the Mayor shall approve the making 
of any cut or excavation for main or trunk line pipes or con- 
duits under the streets, alleys, sidewalks or other public places, 
his approval shall be endorsed upon an application addressed 
to the City Engineer, and upon said application and his approv- 
al thereof the City Engineer shall issue the necessary permit, 


of the City of Houston 423 


upon the applicant complying with such restrictions and ob- 
ligations as the City Council may have attached to the grant- 
ing of the same. ~ (Id.) 


Sec. 1191. Written Application for Permit to Make Must 
Be Filed, Etc.—Every person, firm or corporation desiring to 
make any cut or excavation under the surface of any public 
street, alley, sidewalk or other public place in the City of Hous- 
ton shall file with the City Engineer a written application for 
a permit therefor, which application shall contain the residence 
or business address of the applicant and shall state in detail 
the location and area, length and width of each cut or excava- 
tion desired to be made, and said application shall also state 
that the applicant obligates and binds himself to defend at his 
own cost and expense any suit or suits, action or actions, claim 
or claims for damages which may be instituted against the 
city for any loss, costs, expense or damage charged or imposed 
upon it by reason of the granting of such permit or by reason 
of the manner in which said excavation is made or any work 
done in connection therewith; and said application shall also 
state that the applicant obligates himself to keep the excavated 
portion of such street in good repair for the period of one year > 
after the said excavation has been made and refilled. 


Said application in all cases shall be accompanied by a plat 
showing the location of each proposed cut or excavation pro- 
posed to be made in any street or alley or public place in the 
City of Houston, and the purpose for which the same is to be 
made and all such other details as the Engineer may require 
to be shown upon such plat; provided, however, that the filing 
of the plat shall not be required when the cuts or excavations 
are made-for service connections only, or for the purpose of 
locating trouble in connection with the pipes already laid, or 
in making repairs thereto. (lId., Sec. 2.) 


Sec. 1192. Unlawful to Make Other Opening, Etc., Than 
Called For and Shown on Application and Plat—It shall be 
unlawful for any person, firm or corporation or any officer, 
representative or employee of such corporation, to make or 
cause or permit to be made any cut or excavation or to install 
or maintain or cause or permit to be installed or maintained 
any pipe, conduit, duct, tunnel or other structure under the 
surface of any public street, alley, sidewalk or other public 
place at any other location than that described in the applica- 
tion and shown on the plat by such applicant as required by 
provisions of this article. (Id., Sec. 3.) 


424 Revised Code of Ordinances 


Sec. 1193. Granting of Permit For, Not an Exclusive 
Grant—Every permit for an excavation in or under the sur- 
face of any public street, alley, or other public place shall be 
granted subject to the right of the City of Houston or of any 
other person, firm or corporation entitled thereto to use that 
part of such street, alley or other public place for any purpose 
for which said street, alley or other public place may be law- 
fully used; and provided further, that the granting of any per- 
mit hereunder for the purpose of locating or placing any pipe, 
conduit, duct, tunnel or other structure shall not be construed 
to grant to such person or corporation any fixed or vested right 
in such location, but all of same shall be taken subject to the . 
right of the City of Houston or any other person, firm or cor- 
poration entitled thereto to lay or place its pipe or pipes, con- 
duits or other structures in or under such portion thereof over, 
under or across such pipe, conduits, ducts or other structures 
as may have been laid without cost or charge being exacted by 
the prior location for such use; and provided further, that all 
persons receiving permits to put or place pipes, conduits, ducts 
or other structures under the surface of any public street, alley 
or other public place in the City of Houston thereby obligate 
and bind themselves to move or change the location of their 
said pipes, conduits, ducts or other structures whenever re- 
quired or instructed to so do by the City of Houston, and fail- 
ure to so do or interference with any other person, firm or 
corporation in the matter of moving their pipe, conduit -or 
other structure under any public street, alley or sidewalk, shall 
constitute an offense and be subject to the penalties provided 
by this article. (Id., Sec. 4.) 


Sec. 1194. Policy of City to Require Laying of Pipes, Etc., 
Prior to Paving—That it is hereby declared to be the policy of 
the City of Houston from this time and henceforth to require 
that all pipes, conduits, tunnels and other structures in or 
under the surface of public streets, alleys, and other public 
places, shall all be made and laid prior to the paving of such 
street, alley, or public place, of which policy-all future appli- 
cants for permits under this article are hereby required to 
take notice. (Id., Sec. 5.) 


Sec. 1195. Action to Be Taken by City Engineer Before 
Issuing Permit; Not Transferable When Issued—When the 
application to cut or excavate, and the details shown upon the 
accompanying plat, when such plat is required, comply with 
the terms of this article and the requirements of the City En- 
gineer, the same shall be approved by him and filed in his of- 


of the City of Houston. 425 


fice as a public record. And the City Engineer shall, before 
the issuance of such permit, require such applicant to deposit 
a sum of money, either in cash or represented by a certified 
check on some bank in the City of Houston, payable to the 
City of Houston, in accordance with the following schedule of 
deposits: 


Table of Deposits for Street Openings: 


Asphalt street, per square yard... Ce aN PERERA A $ 4.00 
MINIM Msdenosiieee soe A LP RE Rn eR el 25.00 
Peri ielus treet sDemisi Mane ya CC eee baer steed eanc tar au $ 3:25 
PVE INTUTE GOT bute cet ak te emer hiked ora he ay 25.00 
Wood Block street, per Square yard. $ 5.00 
PVETHTIU a CLO DOSLU es seein Ses Lark eon ey oh ae 25.00 
Gement: street) per square yards we a $ 3.00 
AVIV TREAT eC COB) Daigo chs en eed hh Bade IN ESO ht 25.00 
Gravel or Shell street, per square yard... ge $ 1.25 
NATIT eNOsIl aa sek eae oe CO see 25.00 
Dictestreete DemisquanesVardas wae ei oS be $ 0.25 
NGI IBCCDOSIT sue ae See eM ne ee le a 10.00 


The. above schedule of deposits shall govern the City Engi- 
neer in his estimate of the probable cost of restoring, after the 
same has been cut or opened, such public street, alley, side- 
walk or other public place to its original condition as it ex- 
_isted before the making of such cut or excavation, together 
with the incidental expenses connected therewith, as herein- 
after set forth and provided in this article. Upon the deposit 
of the required amount of money, in cash or by certified check, 
a written permit shall be issued by the City Engineer to make 
_ such cut or excavation, and an account thereof shall be opened 
and kept. In the case of a permit to excavate or cut any street 
or any other public place which is now or may be paved here- 
after, before the issuance of such permit, in addition to the 
foregoing requirements the applicant shall be required to com 
ply strictly with all the restrictions and observe all of the obli- 
gations imposed by the Mayor and City Engineer when ap- 
proving the application for such permit. The permit issued 
shall show the amount of the deposit and shall be a receipt 
therefor, and it shall specify the person, firm or corporation 
to whom issued, the street, alley, sidewalk or other public 
place and part or portions thereof to be cut or excavated and 
extent thereof. No such permit shall be transferable and ev- 
ery such permit shall become void unless the cut or excavation 
be commenced within sixty (60) days from the date of its 
issuance, and the work of making such excavation prosecuted 


426 — Revised Code of Ordinances 


diligently to its completion; and a failure to so commence and 
diligently prosecute such work, in the opinion of the City En- 
gineer, shall of itself cancel such permit, and it shall be the 
duty of the City Engineer in such event to cancel the same 
upon the records of his office. (Amendment Sec. 6, Jan. 26, 
1914; Ord. Bk: 4, p. 39, Sec: 1.) 


Sec. 1196. Crossings and Signals to Be Maintained—It 
shall be the duty of every person, firm or corporation making 
any cut or excavation in any public street, alley or other public 
place to maintain safe crossings for pedestrians and to main- 
tain safe crossings for vehicles and other traffic at all street 
intersections and a white light or lantern shall be placed at 
such crossings to indicate safety, and where such intersections 
are not safe for crossing of vehicles or pedestrians a red light 
shall be placed at such crossings to indicate danger. (Oct. 28, 
1913 ;. Ord) Bkv.3, peA8 seca) 


Sec. 1197. Access to Fire Hydrants; Disposition Exca- 
vated Material, Etc.—Free access must be provided to all 
fire hydrants and water gates; all materials excavated shall be 
laid compactly alongside of the trench and kept trimmed up 
so as to cause as little inconveniences as possible to the public 
traffic. If the street is not wide enough to hold the excavated 
material without using a part of the adjacent sidewalk, the 
person, firm or corporation by whom the excavation is being 
done shall erect a tight board fence upon and along such side- 
walk and keep a passageway at least six feet in width open 
upon and along such sidewalk. All gutters shall be maintained 
free and unobstructed for the full width of the adjacent curb 
and for at least one foot in width from the face of such curb 
to the gutter line. Whenever a gutter crosses an intersecting 
street an adequate waterway shall be provided and at all times 
maintained and kept open. (Id., Sec. 7.) 


Sec. 1198. Barriers and Signals—It shall also be the duty 
of every person, firm or corporation making any excavation in 
any public street, alley or other public place to place and main- 
tain suitable barriers at each end of such excavation and at 
such places as may be necessary along the excavation, to pre- 
vent accidents, and shall also place and maintain red lights at 
each end of such excavation and at a distance of not more than 
fifty feet (50 ft.) apart along the line thereof from sunset each 
day to sunrise of the next day, until such excavation is entirely 
refilled ; and it shall be unlawful for any person, firm or corpo- 


of the City of Houston 427 


a 


ration to fail, refuse or neglect to comply with any require- 
ments contained in this section. (Id., Sec. 8.) 


Sec. 1199. Refilling; Notice From City Engineer to Re- 
fill; Refilling by City Engineer—After such excavation is fin- 
ished the work of refilling the same shall be prosecuted with 
due diligence and so as not to obstruct or interfere with the 
use of the street for travel thereon any more than is absolutely 
necessary. If the work is not so prosecuted, or if the work 
of refilling does not, in the judgment of the City Engineer, 
comply with the terms of this article and the contract of the 
party making said excavation, the City Engineer shall notify 
the person, firm or corporation named in the permit that the 
said work is not being prosecuted with due diligence or that 
the refilling of such excavation has not been properly done, and. 
he shall require such person, firm or corporation within five 
days after the service of written notice upon him, to proceed 
with the diligent prosecution of such work. 


The notice here referred to may be served personally or by 
mailing the same to the residence or place of business of such 
person, firm or corporation; or such notice may be served by 
depositing the same in the postoffice in an envelope with post- 
age fully paid addressed to such person, firm or corporation at 
such place of business or residence, if known, or if unknown, 
to the address of such person to the General Delivery of the 
City of Houston. If such notice is not complied with within 
five days from the mailing or service thereof, the City Engi- 
neer shall do such work as may be necessary to refill such exca- 
vation and to restore the street or other public place, or part 
thereof, excavated, to as good condition as same was in before 
such excavation was made, all to be paid for by the party or 
parties to whom said permit was granted, as hereinafter pro- 
vided. (Id., Sec. 9.) 


Sec. 1200. Manner of Refilling—All cuts or excavations 
in public streets, alleys or other public places in the City of 
Houston shall be refilled in the following manner, to-wit: 

In streets which have not been graveled, macadamized or 
paved the trenches may be refilled with moist damp earth or 
by means of water-tamping, as the Engineer may direct. When 
the method of water-tamping is used, the water shall be turned 
into the trench after the first twelve inches of refilling has 
been deposited therein. The trench shall be kept flooded with 
water during the time that the remainder of the trench is be- 
ing refilled. When the surface of the ground has been reached 


428 Revised Code of Ordinances 


the materials shall be allowed to settle and the trench shall 
then be again flooded and refilled to the level of the surface 
and again allowed to settle. After the material in the trench 
has become settled and compact the trench shall be filled to an 
elevation slightly above that of the street. (Id., Sec. 10.) 


If the material is such that water-tamping will not, in the 
opinion of the City Engineer, be satisfactory, the trench shall 
be filled with moist material and tamped with heavy iron 
rammers in layers of six inches and the surface of refilling 
shall be left slightly above the surface of the street. 


All longitudinal trenches of more than 100 feet in length 
must be rolled with a steam roller weighing not less than six 
(6) tons before the work will be approved. 


On streets and other places which have been macadamized, 
graveled or shelled, the gravel, macadam or shell removed 
therefrom shall be kept separate from all other materials. The 
trench shall then be refilled to the satisfaction of the City 
Engineer in the same manner as above provided for the re- 
filling of trenches on unpaved streets, but the earth refilling 
shall cease at an elevation of three inches below the surface. 
of the street. The macadam, shell or gravel shall then be re- 
placed on the surface of the filled trench and: thoroughly 
tamped and rolled and left at an elevation of two inches above 
the level of the remainder of the street. All longitudinal 
trenches shall be thoroughly rolled with a roller weighing not 
less than six (6) tons before the work will be approved. 


If the street or other public place in which such excavation 
is made has been paved with brick, wood block, bitulithic, 
asphaltic concrete or any other pavement requiring or having 
a substantial foundation of concrete or any other material, the 
trench shall be refilled with well rammed gravel, broken stone 
or brick-bats, concrete or other material, which in the opinion 
of the City Engineer can be so placed in the trench that there 
will be no settlement of the surface after it has been filled; 
or the trench may be refilled with earth in the same manner as 
that above described under this section for unimproved streets, 
and then covered with a concrete or a reinforced concrete slab 
at the option and discretion of the City Engineer, and in ac- 
cordance with the plans for such work on file in the City 
Engineer’s office. Where the slab above referred to is built 
its upper surface shall be at the required elevation to serve 
as a base or foundation for the pavement. After the trench 
has been refilled and the concrete slab is in proper condition 
to receive the pavement, the pavement torn up or damaged by 


of the City of Houston 429 


oe 


the excavation shall be replaced or built in accordance with 
the specifications then in use by the City of Houston for the 
laying of pavement of the kind as that which had been re- 
moved. If, however, in the judgment of the City Engineer 
of the City of Houston, it is thought to be for the best interest 
of the city the laying of the required pavement and concrete 
base shall be done by the City of Houston, he may do so either 
with day labor or by contract, at the option of the City En- 
gineer, and the cost thereof shall be deducted from the funds 
which were deposited with the city at the time the permit 
was issued, or from any other funds in the hands of the city 
belonging to the person to whom said permit was granted. 
And if there are no such funds on hand sufficient to pay such 
expense, the party securing such permit shall nevertheless be 
liable to the City of Houston for all such costs as may have 
been incurred in replacing said foundation and pavement, and 
the city shall have the right to collect all such amounts by 
suit or otherwise. 


If the city does not elect, however, to do the work of refilling 
said trench and relaying said pavement, then the party to 
' whom said permit was granted shall, at his own cost and ex- 
pense, do the work, and all such work must be done under the 
supervision and specifications of the City Engineer. (lId., 
Sec. 10.) | 


Sec. 1201. Refilling to Be Held Guaranteed for One (1) 
Year; Notice to Repair—tThe person, firm or corporation by 
whom any cut or excavation shall be made in any public street, - 
alley, sidewalk or other public place shall, in addition to the. 
guarantee of the workmanship and material done and to be 
done by him or them in the laying of the pipe or sewer placed 
in said cut or excavation, shall also be deemed and held to 
guarantee the work of refilling and repairing the street or 
alley for a period of one (1) year after the refilling of such 
cut or excavation has been made, against all defects in work- 
manship or materials. Whenever within such period of one 
(1) year any portion of the pavement or surface of any public 
street, alley, sidewalk or other public place so guaranteed be- 
comes in need of repairs or shows that the same was not 
done in proper manner, by reason of any defect in workman- 
ship or material, or on account of any lack of skill on the part 
of the party making such refill or excavation, the City En- 
gineer shall serve upon the person, firm or corporation by 
whom the cut or excavation was made a written notice stating 
the repairs necessary, and requiring such repairs to be made 


430 Revised Code of Ordinances 


within five (5) days after service of such notice; such notice 
to be served in the manner required by Section 1199 and if 
the same is not complied with, the City Engineer shall at 
once make such repairs at the cost and expense of the party 
to whom said permit was originally granted. (Id., Sec. 11.) 


Sec. 1202. Disposition Money Deposited; No Additional 
Permit if Not Satisfactorily Filled; Cost of Refilling by City 
Engineer—All deposits received by the City Engineer under 
this article shall be deposited with the proper receiving official 
of the City of Houston under its Charter and ordinances as 
soon as possible after receipt of same, and the money so de- 
posited shall remain in said depository until the party to whom 
said permit was granted, or his or its representatives, shall 
refill the cut or excavation for which said permit was granted, 
to the entire satisfaction of the City Engineer, and when the 
said cut or excavation has been refilled to the entire satisfac- 
tion of said City Engineer, the balance of the money so re- 
maining on hand shall be returned to the person, firm or cor- 
poration making the same, or to his or its assigns. But if, 
in the opinion of the City Engineer, said work is not properly 
done, he shall notify the person, firm or corporation that the 
work done by him or it is not satisfactory, and such person, 
firm or corporation shall immediately do everything necessary 
to refill said cut to the entire satisfaction of said City Engineer, 
and if the said work is not so done the City Engineer shall 
not issue any additional permits to the said person, firm or 
corporation until all such necessary repairs have been made 
and duly approved by the City Engineer. In case any of the 
work of refilling or repairing of the cut or excavation made 
under any permit is done by the City Engineer, he shall issue 
a voucher against the deposit made for the actual cost of such 
work, including all incidental and necessary expense incurred 
or paid by the city or other person, plus ten per cent. (10%), 
as compensation to the city for the work and expense of said 
repairing or refilling. In the event the deposit has been refund- 
ed to the person, firm or corporation making the same prior to 
the discovery of such defects or insufficient work of repairing 
or refilling said cut or excavation, the City Engineer shall first 
receive the approval of the Mayor before making such repairs 
or refilling. The voucher of the City Engineer as to the actual 
cost of refilling or repairing, and as to the incidental and 
necessary expense, plus ten per cent. (10%), made in pur- 
suance of this article, shall be final and conclusive as to such 
matters. (Id., Sec. 12.) | 


of the City of Houston 431 


Sec. 1203. All Work Done Under Supervision City En- 
gineer .or Representative—aAll excavations, cuts and refilling 
or repairing done in pursuance of this article shall be made 
under the supervision and direction of the City Engineer or 
his representative, and it shall be his duty, either in person or 
by his representative, to supervise all such making and refilling 
of cuts and excavations and the repairing of same, and to 
require the same to be done in compliance with the require- 
ments of this and all other ordinances of the City of Houston. 
(Id., Sec. 13.) 


Sec. 1204. Unlawful to Install Less Than Two (2) Feet 
Below Established Grade, Etc.—It shall be unlawful for any 
person, firm or corporation or any officer, receiver or employee 
of such corporation to install or cause or permit to be installed 
any service pipe or main pipe, conduit, duct, tunnel or other 
structure, except manholes, culverts and catch-basins, in any 
public street, alley, sidewalk or other public place at a depth 
of less than two (2) feet below the established grade of the 
gutter of such public street, sidewalk, alley or other public 
place. . (Id., Sec. 14.) 


Sec. 1205. Maps and Corrected Maps to Be Filed; State- 
ments as to Abandoned Pipes, Etc.—It is hereby made the 
duty of every person, firm or corporation owning, using, con- 
trolling or having an interest in pipes, conduits, ducts or tun- 
nels under the surface of any public street, alley, sidewalk or 
other public place for supplying or conveying gas, electricity, 
water, steam, ammonia or oil in, to or from the City of Hous- 
ton, or to or from its inhabitants, or for any other purpose, to 
file in the office of the City Engineer a map or a set of maps, 
each drawn to a scale 200 feet to one inch, which said map or 
set of maps shall be on tracing cloth to be furnished in sheets 
1514 inches by 23 inches, with a border 114 inches on the left 
hand, and shall show in detail the exact location, size, descrip- 
tion and date of installation, if known, of all holes, laterals and 
service pipes, and of all valves, pressure regulators, drips, rnan- 
holes, handholes, transform chambers or other appliances in- 
stalled beneath the surface of the public streets, alleys, side- 
walks or other public places in the City of Houston, belonging 
to, used by or under the control of such person, firm or corpora- 
tion, or in which such person, firm or corporation has an inter- 
est. It shall also be the duty of every person, firm or corpora- 
tion to file, within fifteen (15) days after the first day of 
January of each and every year, a corrected map or set of 
maps, each drawn to a scale of not less than 200 feet to one 


432 Revised Code of Ordinances 


inch, showing the complete installation of all such pipes and 
other appliances, including all installations made during the 
previous year, to and including the last day of such year. Each 
such map shall be accompanied by an affidavit endorsed there- 
on, subscribed and sworn to by such person, or by a mem- 
ber of such firm, or by the president or secretary of such cor- 
poration, to the effect that the same correctly exhibits the de- 
tails required by this article to be shown thereon. 


Whenever any pipe, conduit, duct, tunnel or other structure 
located under the surface of any public street, alley or other 
public place, or the use thereof, is abandoned, the person, firm 
or corporation owning, using, controlling or having an interest 
therein, shall, within thirty (30) days after such abandonment, 
file in the office of the City Engineer a statement in writing 
giving in detail the location of the pipe, conduit, duct, 
tunnel or other structure so abandoned. Each map or set of 
maps filed pursuant to the provisions of this section shall 
show in detail the location of all such pipes, conduits, ducts, 
tunnels or other structures abandoned subsequent to the filing 
of the last preceding map or set of maps. 


It shall be unlawful for any person, firm or corporation to 
fail, refuse or neglect to file any map or set of maps at the | 
time, and in all respects as required by this section. (ld., 
sec. 15.) | 


Sec. 1206. Unlawful to Make Excavations, Etc., for Re- 
moval of Soil, Etc.—It shall be unlawful for any person, firm 
or corporation, or any officer, receiver or employee of such 
corporation to make, or cause, or permit to be made any cut 
or excavation in any paved or unimproved public street, alley 
or other public place, to remove any soil or gravel therefrom 
without the consent of the Mayor of the City of Houston. (Id., 
Sec. 16.) 


Sec. 1207. Original Permit or Number Thereof to Be 
Kept at Work, Etc.—Any person, firm or corporation engaged 
in the making or refilling of any excavation in any public 
street, alley or other public place shall at all times while work 
is in progress, keep at the place where such excavation is 
located the original permit (or the number thereof) for such 
excavation, and must on demand exhibit the same to the City 
Engineer, or to any of his inspectors or other employees, or 
to any police officer. (Id., Sec. 17.) 


Sec. 1208. Provisions Do Not Apply to Work Under Con- 
tract Authorized by City Council—None of the provisions of 


of the City of Houston 433 


this article shall apply to any work done or to be done along 
any or upon any public street, alley or other public place pur- 
suant to any contract for improvement authorized by the City 
Council; provided, however, that the provisions contained in 
Sections 1196 and 1197 shall apply to all such work and to all 
excavations to be made in and upon any street, alley or other 
public place. (Id., Sec. 18.) 


Sec. 1209. .This Article Does Not Apply Officers, Etc., 
of City of Houston, Etc.—The provisions of this article shall 
not apply to cuts and excavations made by any department, 
board or officer of the City of Houston in the discharge of 
its or his official or administrative duties, except that prior 
to the making of any opening by such department, board or 
officer, a notice shall be filed in the office of the City Engineer 
giving the location of said opening, the purpose for which it 
is made, the date that the excavation will be begun, and the 
size and extent thereof, and all refilling shall be done under 
the supervision of the City Engineer and according to speci- 
_ fications furnished from said Engineer’s office. (Id., Art. 19.) 


Sec. 1210. Does Not Prohibit Work to Save Life or Prop- 
_ erty—Nothing in this article contained shall be construed to 
prevent any person, firm or corporation maintaining a pipe 
or conduit in any public street, alley or other public place, 
by virtue of any law, ordinance or permit, from making such 
excavation or cut as may be necessary for the preservation of 
life or property, when such necessity arises during such time 
as the officers of the city are not accessible, or such hours 
as the offices of the city are closed; provided, that the person, 
firm or corporation making such excavation or cut shall obtain 
a permit therefor within four (4) hours after the offices of 
the city are first opened subsequent to the making of such 
cut.or excavation ; provided further, that the City Council may 
approve applications for permits to cut or excavate streets, 
etc., and direct the City Engineer with reference to the is- 
suance of such permit, in executive or administrative session. 
(Id., Sec. 20.) 


Sec. 1211. Penalty—That any person, firm or corporation | 
or any officer, receiver or employee of such corporation vio- 
lating any of the preceding provisions of this article shall be 
deemed guilty of a misdemeanor, and upon conviction there- 
of shall be punished by a fine of not less than Ten Dollars 
($10.00) nor more than Two Hundred Dollars ($200.00), and 
every day, during any portion of which any violation of any 


434 Revised Code of Ordinances 


provision of the preceding section continues, shall be deemed 
a separate offense. (Id., Sec. 21.) 


Sec. 1212. Permit Fee—Before any permit shall be grant- 
ed under this article the applicant therefor shall pay to the 
City Engineer a permit fee of Fifty Cents (50c) for each 
opening in a street, alley, sidewalk or other public place for 
which a permit shall be granted hereunder, irrespective of the 
length thereof, which fee shall be retained by the City of 
Houston. (Amendment Sec. 22, Jan. 26, 1914, Ord. Bk 4, 
p. —, Sec. 2.) 


Sec. 1213. Previous Offenses, Etc., Not Abated by Re- 
peal of Conflicting Ordinances—That all ordinances and parts 
of ordinances in conflict herewith be and the same are hereby 
repealed; provided, that the repeal of said ordinances shall 
not abate any offense committed thereunder, or exempt from 
punishment any person, firm or corporation for violation of 
said ordinance so repealed, nor relieve or release any such 
person, firm or corporation from any liability to the City of 
Houston under said ordinances so repealed, but all offenses 
heretofore committed and liabilities heretofore incurred shall 
be subject to punishment or recovery, the same as if said 
ordinance had not been repealed. (Oct. 28, 1918, Ord. Bk. 3, - 
p. 487, Sec. 238.) 


Sec. 1214. Unlawful to Dig Holes in Said Streets—lIt shall 
be unlawful for any person to pick or dig holes in said streets 
or drive any sharp instrument therein that will make a hole. 
(Code 1904, Art. 703.) 


Sec. 1215. Penalty—Any person or persons violating any 
of the provisions of the preceding section shall be deemed 
guilty of .a misdemeanor, and upon conviction thereof shall 
be fined in any sum not more than One Hundred Dollars 
($100.00). (Sept. 5, 1905.) 


ARTICLE 2. . 
CONSTRUCTION, REPAIRS, ETC. 


Sec. 1216. Improvement of Streets and Sidewalks—The 
City Council will, from time to time, pass such ordinances, 
resolutions and orders as may be necessary for the grading 
and improvement of the streets and sidewalks of the city. 
(Code 1904, Art. 685.) 


Sec. 1217. City Engineer Shall Fix Bounds and Limits— 
It shall be the duty of the City Engineer to survey and lay 


of the City of Houston 435 


off the several sidewalks along the several streets of the city, 
and fix the bounds and limits between the sidewalks and the 
streets. (Code 1904, Art. 686.) 


Sec. 1218. City Engineer May Lower the Grade of Streets 
—That when it shall be deemed advisable on the part of the 
City Engineer to excavate or lower the grade of any street in 
the City of Houston, a contract, to be approved by the Mayor, 
may be made with any person desiring to use the dirt there- 
from by allowing such person to make such excavations under 
the-superintendence and supervision and according to grade 
established by the City Engineer, but no such person shall 
be allowed to remove or take such earth or dirt without paying 
to the city the sum of at least Ten Cents (10c) per cubic 
yard, which payment may be made either in cash or services 
furnished by using part. of said dirt in filling other streets or 
other property for the City of Houston. (Code 1904, Art. 705.) 


Sec. 1219. Unlawful to Construct Roads or Bridges With- 
out Consent of Council—It shall not be lawful for any person, 
firm or corporation to lay out, survey, grade, construct, or 
run any road or railway, or make any other public improve- 
ment within, through or over any street, public or private 
grounds in any portion of the city, nor build, erect, or con- 
struct across Buffalo Bayou any bridge without the consent of 
the City Council first had and obtained. Each day that such 
unlawful work progresses, or such unlawful structure remains, 
shall be held to be a separate offense. (Code 1904, Art. 722.) 


Sec. 1220. Construction of Returns or Driveways to Pre- 
vent Obstruction of Drainage—That it is hereby made the 
duty of all persons owning property abutting on paved streets 
in the City of Houston to construct or cause to be constructed, 
- at their own cost and expense, returns or driveways paved 
with brick, stone or other durable material, leading from 
curb line to the property line on such lots as may be neces- 
sary to enter with any vehicle from the street, on such grade 
as may be furnished by the City Engineer, and in doing such 
work property owners shall have the right to cut down the 
curb wall, but only as may be directed by the City Engineer. 
It shall be the duty of the City Engineer, on the application 
of any property owner, to furnish the correct grade for said 
proposed returns or driveways free of cost, and the work of 
constructing said driveways shall be done under his super- 
vision. (lId., Art. 732.) 


436 Revised Code of Ordinances 


Sec. 1221. Drainage; Area Shall Not Be Reduced—It is 
hereby made the duty of all persons owning property on paved 
streets and in front of whose property wooden or other cross- 
ings from the curb wall to the pavement have been construct- 
ed, to at once remove the same and construct driveways as 
is provided in the foregoing section, and on unpaved streets 
it shall be the duty of property owners to have all crossings 
over drains so constructed that they shall in no wise reduce 
the area of drainage, and the same condition as to cutting any 
curb wall shall obtain as is provided in the case of paved 
streets. (Id., Art. 733.) . 


Sec. 1222. Penalty—Any person or persons violating any 
of the preceding provisions of this article shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall 
be fined in any sum not more than One Hundred Dollars 
($100.00). (Sept. 5, 1905.) | 


Sec. 1223. Shall Keep $200.00 on Deposit with City 
Treasurer—Every telegraph and .telephone and electric light 
company doing business in this city shall keep on deposit with 
the Treasurer the sum of Two Hundred Dollars ($200.00), 
subject to the order of the City Engineer, after approval of 
Mayor and Finance Committee, to be used by him in restoring 
any sidewalk, gutter, street, alley or pavement displaced or 
injured in the erection, alteration or removal of any pole of 
such companies when such company fails or refuses to make 
such restoration to the satisfaction of said Engineer. Any 
company failing to make such deposit within five days after 
commencing business, if a new company, or which shall fail 
to make good the amount when a portion of it has been ex- 
pended as herein provided within five days after notice to so 
do ‘has been sent by the City Engineer, shall be deemed 
guilty of a misdemeanor and punished as hereinafter provided. 
(Code 1904, Art. 122.) | 


Sec. 1224. Penalty—Every violation of the provisions of 
the preceding section shall constitute a misdemeanor, and the 
persons, company or corporation or any employee, agent, man- 
ager or officers thereof guilty of violating any of the pro- 
visions shall upon conviction thereof be fined not less than 
Ten Dollars ($10.00) and not more than One Hundred Dollars 
($100.00) for each offense, and every violation of and each 
and every day’s failure or refusal to comply with said pro- 
visions shall constitute a separate offense, and in case of wilful 
and continued violation of such section by any such person, 


of the City of Houston 437 


company or corporation as aforesaid, or their agents, em- 
ployee, servant or officers, the city shall have the power to 
revoke and repeal any ordinance under which said person, 
company or corporation may be acting, and to revoke and re- 
peal all permits, privileges and franchises granted to said 
persons, company or corporation as aforesaid. (Id., Art. 125.) 


Sec. 1225. Compelling Construction, Etc., Sidewalks, Etc. ; 
Cost of, Etc.; How Paid When Work Done by City—It shall 
be and it is hereby made the duty of every owner of real 
estate in the City of Houston, abutting on any public street 
in said city, in front of which real estate or along which street 
the City Council may order the construction, reconstruction or 
‘repair, or bringing to grade of sidewalks, driveways, curbs 
or gutters, or either of them, to construct, reconstruct or re- 
pair the same or bring the same to grade, as the case may be, © 
in accordance with the terms of said order, the specifications 
hereinafter set out and adopted, and on the line and grade 
as established by the City Engineer for the particular block, 
street or community in which said real estate may be situated. 
And said property owners shall construct said improvements 
in front of their respective property after the giving of notice 
as elsewhere prescribed in this article within the time fixed 
by the City Council; and after the expiration of the time 
indicated in the notice to construct, reconstruct, repair or re- 
grade, if the abutting owner shall not have built said improve- 
ments as ordered and indicated in the notice, then the City 
of Houston shall have the right to construct the same in ac- 
cordance with the order for the same, and the standard speci- 
_ fications hereinafter set out under the supervision of the City 
Engineer, and may advertise for bids or may itself construct 
said pavements, and at the expense of the abutting property 
owner, and may recover a personal judgment in any court 
having jurisdiction of the amount for the costs and expense 
in constructing, reconstructing, repairing or regrading said 
sidewalks, driveways, curbs and gutters, with ten per cent. 
(10%) additional for attorney’s fees, and may by ordinance 
fix a lien on the property improved. (April 8, 1914, Ord. 
Ble dan i Secu.ds) 


Sec. 1226. City Council to Order Construction, Etc.; Ma- 
terials to Be Used—Whenever it shall be found necessary by 
the City Council that sidewalks, driveways, curbs and gutters, 
or either of them, be constructed, reconstructed or repaired or 
brought to grade along or in front of any real estate abutting 


upon any public street in said city, the City Council shall desig- 
35 


438 Revised Code of Ordinances 


nate the lot or lots, block, street or community in which said 
work is deemed necessary, and shall order the construction, re- 
construction, repair or regrading of said improvements, pre- 
scribe the width of the sidewalks, the kind and character of the 
material out of which it shall be built, and the building of all 
such improvements according to the line and grade as fixed by 
the City Engineer, and the specifications adopted by the City of 
Houston, and designate the time within which said improve- 
ments shall be completed. 

The said sidewalks shall be constructed of either cement, 
concrete, asphalt, or other durable material as the Council may 
designate, and the order of the City Council shall designate 
the material or materials to be used. No driveways, curbs or 
gutters shall be built of other material than cement or con- 
‘ erete. (Id., Sec. 2.) 


Sec. 1227. Standard Specifications for Cement Sidewalks, 
Driveways, Curbs and Gutters—The City of Houston hereby 
adopts and approves as standard specifications for cement 
sidewalks, driveways, curbs and gutters the following: 

Cement or concrete sidewalks, driveways, curbs and gutters 
shall be built of Portland cement, fine aggregate and coarse 
aggregate. 


Fine Aggregate—The fine aggregate may be either a very 
coarse clean sand, or the fine product of a rock crusher made 
from a very hard rock, such as trap rock, quartz, flint or 
granite. The fine aggregate shall be uniformly graded in size 
from one-quarter (14,) inch down, but not more than ten per 
cent. (10%) shall pass a screen having thirty (30) meshes to 
the lineal inch. 


Coarse Aggregate—The coarse aggregate may be either a 
clean, hard, angular gravel or crushed rock, varying in size 
from one-quarter (1/4) inch to one and one-half (114) inch. 
The stone from which such crushed rock is made must not be 
softer than a very hard grade of lime stone. 


Top Finish—The top finish shall be a mortar composed of 
one part Portland cement and one and one-half parts of 
fine aggregate, thoroughly mixed dry before the addition of 
water. Where top finish is used for the finishing of horizontal 
surfaces, it must be applied to the concrete before the concrete 
has been in place more than ten minutes. Where top finish 
is used on vertical faces, such as the face of a curb, it must 
be plastered against the form as the concrete is built up in 
the form. After the form is removed (which should be done 


of the City of Houston 439 


before the top finish has received its final set) the surface 
shall be troweled and then brushed to remove trowel marks. 
The only plastering that will be allowed will be on spots that 
are roughened by the removal of forms, and such plastering 
shall be done as soon as the forms are removed. All top finish 
shall be protected from the hot sun and kept moist for a period 
of three days after being placed. 


Concrete Body—The concrete body shall be composed of one 
part of Portland cement, and two and one-half parts fine 
aggregate and four parts of coarse aggregate. 

The above proportions are based on the assumption that 
the fine and coarse aggregate are well graded. If, in the 
opinion of the City Engineer, they are not well graded, then the 
concrete shall be so proportioned that the mortar shall contain 
ten per cent. (10%) more cement than is required to fill the 
voids in the fine aggregate, and the quality of mortar shall 
be ten per cent. (10%) more than is required to fill the voids 
in the coarse aggregate. 


Foundation—The foundation shall consist of firm hard soil, 
from which all vegetable matter and other loose material has 
been removed. In the event that it is necessary to build up 
the foundation, the same shall be done with selected earth or 
other material satisfactory to the City Engineer, and shall be 
built up and tamped in six inch layers. 


Cushion—Under all sidewalks there may be constructed a 
cushion not less than two (2) inches in depth, composed of 
coarse gravel (from which the sand has been removed), slag, 
cinders, or other porous material which will make a cushion 
satisfactory to the City Engineer, and which will act as a drain 
and will also serve as a suitable cushion for the concrete work. 
The cushion shall be wet and thoroughly tamped before the 
sidewalk is built thereon. 


Location and Grade—All sidewalks, driveways, curbs and 
gutters shall be built as located by the City Engineer, and on 
the grade established by him. At street intersections and at 
other places the curb and gutter may be built on a radius of 
eight (8) feet or less, as the City Engineer may direct, and the 
contractor in charge of said work shall receive no extra com- 
pensation on account of such work being on a curved align- 
ment. Where driveways occur into private property across 
the parkways between the curb line and the sidewalk, such 
driveways shall be built with a return curb, having a vertical 
face and joining the main curb of the street with a two (2) 
foot radius. 


440 Revised Code of Ordinances 


Curbs—Standard curbs shall be six (6) inches in thickness 
and twenty-four (24) inches in height. They shall be built 
of concrete with the exception of the face next to the street 
and the top, which shall be composed of from one-half (14) 
to three-quarters (%4,) inch top finish. The outer corner of 
the curb shall be rounded to a three-quarter (34,) inch radius, 
as shown on the standard designs on file in the City Engineer’s 
office. . | 

Gutters—Standard gutters shall be six (6) inches in thick- 
ness and eighteen (18) inches in width. The top three-quarter 
(84,) inch shall be composed of top finish. 

Combined Curb and Gutter—The standard curb and gutter 
shall consist of a curb six (6) inches in thickness and fourteen 
(14) inches in height, combined with standard gutter, all 
built.as a monolithic structure. The outer corner of the curb 
shall be rounded to three-quarter (34,) inch radius. The com- 
bined curb and gutter shall have the exposed surfaces finished 
with three-quarter (34) inch top finish. The curb face may 
be increased from six (6) to eight (8) inches by direction 
of the City Engineer; provided, that no curb face shall be 
less than six (6) inches nor more than eight (8) inches in 
width. ve 

Sidewalks—Standard sidewalks shall be composed of from 
three and one-half (314) to four and one-quarter (414,) inches 
of concrete and one-half (44) to three-quarter (34,) inch top 
finish, making a total of four to five inches in thickness.’ The 
maker’s name shall be stamped on each sidewalk built by him 
in letters not less than one and one-quarter (114) inches high 
and not less than one-quarter (14,) inch deep. 

Driveways—Standard concrete driveways from the curb 
line to the property line shall be built of five (5) inches of 
concrete and one (1) inch of top finish. They shall be marked 
with a suitable tool at intervals of five (5) or six (6) inches 
across the driveway to furnish a suitable foothold. 

Change in Dimensions—The change in the width of curb 
face herein allowed shall in no case be construed as allowing 
a change in the standard specifications herein adopted. 

Joints—Joints shall be provided every six (6) feet. These 
joints shall be at least one-eighth (14) inch wide and shall 
extend clear through the sidewalk, driveway, curb and gutter. 
Where a sidewalk runs out to the back of the curb, an expan- 
sion joint three-quarter (34,) inch wide shall be provided. On 
all sidewalks an expansion joint one-half (14) inch wide shall 
be provided every thirty-six (36) feet. 7 


of the City of Houston 441 


General—In general, all forms shall be smooth; the work 
shall be done in a workmanlike manner, giving straight lines 
where required, true planes and a smooth finish, properly 
brushed, to remove marks, and shall be in every way satis- 
factory to the City Engineer. When the work is completed 
all rubbish, surplus excavated material, forms and surplus 
material shall be removed, and the work left in a neat and 
orderly manner. (Id., Sec. 3.) 


Sec. 1228. City Engineer to Establish Lines, Etc.; to Pre- 
pare Specifications When—aAll petitions for the creation of 
sidewalk districts or for the building of sidewalks under the 
supervision of the city, or matters of constructing, reconstruct- 
ing, repairing or regrading sidewalks, curbs, gutters or drive- 
ways, whether initiated by petition or by action of the City 
Council, shall be referred to the City Engineer, whose duty it 
shall be to establish forthwith the line and grade upon which 
any sidewalk,. driveway, curb or gutter shall be built. If the 
City Council shall select other material than cement or concrete 
for the building of sidewalks, it shall be the duty of the City 
Engineer to prepare specifications therefor, and the property 
owners Shall build said sidewalks in accordance with said 
_ specifications and on the line and grade established by the City 
Engineer. (Id., Sec. 4.) 


Sec. 1229. Permit Necessary for Construction, Etc.—It 
shall be unlawful to construct, reconstruct, repair or regrade 
any sidewalk, driveway, curb or gutter in the City of Houston 
without obtaining a permit therefor from the City Engineer. 
Application therefor shall be made to the City Engineer stating 
the nature and extent of the proposed improvements, with the 
location by lot, block and street number. The City Engineer 
shall issue no permits hereunder, nor under any order of the 
City Council hereafter passed ordering the construction, re- 
construction, repair or bringing to grade of sidewalks, drive- 
ways, curbs and gutters until he has staked out the proposed 
work and made a permanent record of the line and grade as 
established by him. No fee shall be charged for the issuance 
of said permit, or for the staking of said work. (Id., Sec. 5.) 


Sec. 1230. Notice to Construct, Etc.; Sidewalks, Etc.; 
Contents; Service—That when the City Council of the City of 
Houston shall have ordered the construction, reconstruction, 
repair or regrading of sidewalks, driveways, curbs and gutters, 
and designated the real estate, lot or lots in front of which or 
street or portion thereof or community in which said improve- 


442 Revised Code of Ordinances 


ments are required to be made, it shall be the duty of the 
Mayor to serve notice that said improvements must be laid 
by the owners of the abutting property, showing the width 
of the sidewalks, and the material or materials out of which 
the same shall be constructed, and the time within which said 
improvement shall be completed, and the estimated cost thereof 
per square or lineal foot. Said notice may be served by an 
officer of the City of Houston designated by the Mayor for 
that purpose, and service may be made by delivering a copy 
thereof to the owner of the abutting property, or to any tenant 
of the owner living on the particular real estate included in 
said order; or if said property is unoccupied and the owner 
or his authorized agent cannot be found, then notice may be 
given by posting a copy thereof upon the property, and such 
officer shall make due return to the Mayor stating the manner 
and time of service thereof, which return when produced in 
court shall preclude any question as to whether or not sufficient 
notice has been given. In lieu of the above notice, the Mayor 
may cause to be mailed to the postoffice address of the owner, 
and the mailing of such notice shall constitute sufficient notice, 
whether received or not. Or notice may be given by publishing 
a brief summary of said order once in some daily newspaper 
published in the City of Houston, of general circulation, ad- 
dressed “Sidewalk Improvements ; To Whom It May Concern,” 
at least thirty days before said pavement is required to be 
completed, and such publication in the paper shall be deemed 
a sufficient notice. Notice will be sufficient if given to the 


property owner in any one of the ways above indicated. (Id., 
Sec. 6.) 


Sec. 1231. Sidewalks, Etc., Already Constructed; Unlaw- 
ful to Construct Different, Etc., Than Ordered; Penalty—lIn 
the event in the judgment of the Mayor and City Council, 
there shall be already constructed in the street or streets or 
portion of a street, or along any property designated by the 
order for construction, reconstruction, repair or bringing to 
grade of any sidewalk, driveway, curb or gutter, a sufficient 
and adequate improvement of the kind designated, in a state of 
good repair, then in such event the Mayor shall not be required 
to give the notice herein provided for, and the property owner 
shall not be required to reconstruct, repair or regrade the 
same, except as provided for on streets being permanently 
paved; but after the passage of any order prescribing the con- 
struction, reconstruction, repair or regrading of sidewalks, 
curbs, gutters or driveways, or any of them, it shall be unlaw- 


of the City of Houston 443 


ful for the owner to construct any other or different sidewalk, 
driveway, curb or gutter than that prescribed in said order ; 
and any person, after the passage of such order, who shall 
construct a sidewalk, driveway, curb or gutter different from 
that prescribed in said order shall be deemed guilty of an of- 
fense, and upon conviction shall be fined not less than Five Dol- 
lars ($5.00) nor more than Two Hundred Dollars ($200.00). 
(Id., Sec. 7.) 


Sec. 1232. Contract Provision—No contract for the con- 
struction of any sidewalk, driveway, curb or gutter ordered by 
the City Council shall be made which shall provide a longer 
time for the completion of said work than the time fixed by 
said City Council. (lId., Sec. 8.) 


Sec. 1233. City May Refuse to Pave Street, Etc.; Until 
Sidewalks Laid—The City of Houston shall have the right, and 
it is hereby expressly reserved, to refuse to pave with brick, 
asphalt, stone or gravel, any street unless and until the owners 
of abutting property shall previously lay in the manner pre- 
scribed by the City Council curbs and sidewalks thereon. (lId., 
Sec. 9.) 


Sec. 1234. City of Houston May Coneuct: Etc.; Proced- 
ure, Etc.—Any property owner or his duly srithorieed agent, 
who shall desire the City of Houston to construct for him, 
any sidewalk, driveway, curb or gutter, or to reconstruct, or 
repair or regrade the same, shall have the right to petition the 
City Council therefor, asking that said work be performed 
at the cost and expense of the petitioner, offering to defray 
all costs of advertising for bids, if any, letting contract and 
cost of grading, constructing and finishing, and designate the 
terms upon which he can pay. Upon receiving such petition, 
the same shall be referred to the City Engineer, who shall 
determine forthwith the line and grade, make a-record thereof 
and estimate the cost of construction, including the advertising 
for bids, if necessary, and report to the Council. Should the 
Council see fit to grant such petition, it shall determine the 
material out of which said improvements shall be constructed 
and the manner of payment therefor. Before any work of 
sidewalk, driveway, curb or gutter construction shall be under- 
taken by the city for any property owner, said property owner 
shall comply with all requirements of the City of Houston as 
to payment therefor, either in cash in advance, or part cash 
and the giving of security for the unpaid balance. The City 
of Houston shall have the right to award any quantity of work 


444 Revised Code of Ordinances 


under this section to a general contractor whose bid shall be 
accepted by the Council as the lowest and best secure bid for 
the construction of sidewalks, driveways, curbs and gutters 
during a stipulated time, not to exceed one year. (Id., Sec. 10.) 


Sec. 1235. Sidewalk, Etc., Builders Must Give Bond—No 
person, firm or corporation (except persons laying permanent 
street pavement under contract with the city) shall be entitled 
to construct, reconstruct or repair any sidewalk, driveway, 
curb or gutter in the City of Houston unless the said builder 
shall first execute to the City of Houston a yearly bond in the 
sum of Two Thousand Dollars ($2000.00), payable to said city, . 
with two or more sureties, or with a corporate surety author- 
ized to do business in Texas, conditioned that the principal 
therein will construct, reconstruct or regrade all sidewalks, 
driveways, curbs or gutters in accordance with the ordinances 
of the City of Houston and on the line and grade as established 
by the City Engineer, and further that such person will save 
the City of Houston harmless from all loss or damage to any 
person, of whatsoever character, arising by reason of negli- 
gence on the part of the contractor in performing said work, 
or in leaving the same unguarded, or from any other cause. 
The said bond shall further recite that all work done by the 
- contractor during the year for which said bond shall hold good, 
shall be performed to the satisfaction of the City Engineer. 
(Id., See. 11.) 


Sec. 1236. Penalty—Any person constructing, recon- 
structing, repairing or regrading any sidewalk, driveway, 
curb or gutter who shall fail to give first the bond above re- 
quired, or who shall construct, reconstruct, or repair any side- 
walk, driveway, curb or gutter without obtaining from the City 
Engineer the line and grade therefor, or who shall construct 
any sidewalk, driveway, curb or gutter on any other line and 
grade than that given by the City Engineer, or without obtain- 
ing a permit therefor, as herein required, or who shall fail to 
construct, reconstruct, repair or regrade any- sidewalk, drive- 
way, curb or gutter after notice so to do, or who shall violate 
any other provision of this article, shall be deemed guilty 
of a misdemeanor, and upon conviction, shall be fined not less 
than Five Dollars nor more than Two Hundred Dollars; but 
no bond or permit for such work shall be required of con- 
tractors paving in front thereof. (Id., Sec. 12.) 


Sec. 1237. Construction Foregoing Provisions—That the 
foregoing sections shall apply to and govern the construction 


of the City of Houston 445 


or reconstruction of sidewalks, driveways, curbs or gutters in 
connection with the erection of buildings in the City of Hous- 
ton: ®-(Id.,.sec.13.) 


Sec. 1237a. Resolutions by City With Reference to Side- 
walks, Etc.—The City of Houston hereby expressly reserves 
the right, when putting down a permanent street pavement, 
either by original construction or reconstruction, to change or 
alter the lines and grades of said permanent pavement and of 
the sidewalks, driveways, curbs and gutters on said street, 
when in the opinion of the City Council such change is neces- 
sary for the proper pavement or drainage of said street, and 
without liability on the part of the city by reason of said 
change. In the event that a sidewalk or driveway the line or 
grade of which is changed is in good condition and does not, 
in the opinion of the City Council, require entire reconstruc- 
tion, the owner thereof shall be given notice as herein pro- 
vided in other cases, to break said sidewalk or driveway back 
to a point fixed by the City Engineer, and to remove the broken 
portion and reconstruct said portion of the line and grade de- 
termined by the City Engineer, at the cost of said abutting 
owner. In the event said owner shall fail or refuse to obey 
the order of the City Council, he shall be subject to all 
the penalties of this article, and the City Council shall have the 
right to have said breaking and reconstructing to grade of said 
sidewalk or driveway done by the paving contractor, or other 
person, at the expense of the abutting owner. (Id., Sec. 14.) 


ARTICLE 3. 
- OBSTRUCTIONS. 


Sec. 1238. Unlawful to Dig a Ditch Across Street or Side- © 
walk—It shall not be lawful for any person or corporation 
to dig or cut any ditch, or make any opening on or across any 
street or sidewalk within the limits of the city, except for 
draining. (Code 1904, Art. 688.) 


Sec. 1239. Storing or Vending Fruits, Etc., on Sidewalks 
—It shall be unlawful for any person, firm, association of per- 
sons, or corporation to store or expose for sale or to sell on 
any sidewalk or street in the City of Houston any fruits, nuts, 
candies, cigars, tobacco, soda water or any other goods, wares 
and merchandise, or to occupy any sidewalk or street of said 
City of Houston with any bootblack stand, booth or other 
frame structure for carrying on any business or occupation, or 
to allow any boxes or merchandise to remain on the sidewalk ; 


446 Revised Code of Ordinances 


provided, however, that the sidewalks in front of the Market 
House Square on Preston and Congress Avenues next to the 
Market House are excluded and excepted from this section, and 
stalls, stands and privileges may be rented and leased by the 
Market Master thereon, subject to and in accordance with 
the rules and regulations now in force, or as may hereafter be 
prescribed from time to time with reference to the renting and 
leasing of stalls, stands and privileges within said Market 
House; provided, further, that nothing herein shall be held to 
repeal Sections 601 to 606, inclusive, of this revised code. 
(Amendment Sept. 22, 1913; Ord. Bk. 3, p. 451.) 


Sec. 1240. Penalty—Any person, firm or corporation vio- 
lating any of the provisions of the next preceding section shall 
be fined in any sum not less than Ten Dollars and not,more 
than One Hundred Dollars, and that each and every day that 
such violation shall continue shall constitute a separate and 
distinct offense. (Code 1904, Art. 695.) 


Sec. 1241. Limbs, Etc., Trees Must Be 8 Feet Above 
Sidewalks; Penalty—It shall be the duty of the owners and 
occupants of lots in the City of Houston in front of and adja- 
cent to which shade trees are growing in the streets, to keep 
the same trimmed up in such a manner that the limbs. and 
branches of the same overhanging the sidewalks shall be at 
least eight feet above the ground; and any owner or occupant 
of any lot or tract of ground in the city who shall fail to com- 
ply with the provisions of this section shall be fined. 

Any person violating any provisions of this section must be 
fined not less than Five nor more than One Hundred Dollars. 
(Code 1904, Art. 381.) 


Sec. 1242. Railings Prohibited on Sidewalks in Stock 
Limits—It shall be unlawful for any person, firm or corpora- 
tion to erect or maintain within that certain district or por- 
tion of the City of Houston known as and included in the 
stock limits of said city, any railing or fence along the side- 
walks next to the street. (Code 1904, Art. 696.) 


Sec. 1243. Railings May Be Erected Outside Stock Lim- 
its, and Character of Same—TIn that portion or district of 
said City of Houston beyond or outside of the stock limits, it 
shall be lawful to erect and maintain railings or fences around 
and along the sidewalks next to the street by persons, firms or 
corporations owning the abutting property, for the purpose 
of preventing animals from trespassing upon said sidewalks; 
provided, that same are erected in such manner, with turn 


of the City of Houston 447 


gates at each end and each street crossing, as not to in- 
convenience the passage of pedestrians along said sidewalk, 
and same not more than thirty inches in height. (Code 1904, 
Art. 697.) 


Sec. 1244. Running Wheelbarrows or Handcarts on Side- 
walks—Any person who rolls, pushes or runs any wheelbar- 
row or handcart on any paved sidewalk (except in crossing 
to go in and out of the lot or building of the owner, or in 
such other place as may be necessary for the purpose of load- 
ing or unloading), must be fined not less than One nor more 
than One Hundred Dollars. (Code 1904, Art. 723.) 


Sec. 1245. Impeding Passage—Any person who in any 
manner impedes the safe and free passage of persons or ve- 
nicles along the streets, must be fined not less than One nor 
more than One Hundred Dollars. (Code 1904, Art. 724.) 


Sec. 1246. Endangering Passage While Building or Re- 
pairing—Any person who leaves any excavation in any street 
or sidewalk, or any material while building or repairing any 
house or other structure, in such condition as to endanger 
persons passing along the street or sidewalk, without a sig- 
nal by day and lamp by night, must be fined not less than 
One nor more than One Hundred Dollars. (Code 1904, Art. 
725.) 


Sec. 1247. Riding or Driving on Sidewalks—Any person 
who shall ride or drive with any animal, vehicle or bicycle 
upon or over any sidewalk or gutter between the roadway or 
graded street and the lot or lots abutting on such street, 
except for the purpose of access to or from such abutting 
lot or lots, shall be fined not less than One Dollar ($1.00) nor 
more than One Hundred Dollars ($100.00). (Code 1904, Art. 
726.) 


Sec. 1248. Tying Animals to Lamp Posts, Etc.—Any per- 
son who ties or fastens any animal to any lamp post, or to any 
fence or tree, the property of another, must be fined not less 
than One Dollar ($1.00) nor more than One Hundred Dollars 
($100.00). (Id., Art. 727.) 


Sec. 1249. Removing Material from or Placing Obstruc- 
tions Upon Streets—That every person, persons or corpora- 
tion is prohibited from removing any street construction ma- 
terials, articles or substances placed on or in any street of 
the City of Houston, or to place any obstruction on the streets 


448 Revised Code of Ordinances 


of the city without first obtaining the written permission of 
the Mayor of the City of Houston. (Code 1904, Art. 730.) 


Sec. 1250. Driving Across or Obstructing Ditches—Any 
person who shall drive, or cause to be driven, any horses, 
cattle, sheep, hogs or other animals across any ditch at any 
place or places except the regular bridges across said ditch, 
or who shall throw or deposit in said ditch anything which 
will in any way obstruct the free flow of water through the 
same, must be fined in a sum not more than Twenty-five Dol- 
lars ($25.00). (Code 1904, Art. 713.) 


Sec. 1251. Unlawful to Obstruct Use of Sidewalk—lIt 
shall be unlawful for any person to in any manner obstruct 
the use by pedestrians of any sidewalk in the City of Houston 
by placing, depositing or suffering to remain thereon, or 
permitting any of his servants, employees or persons under 
his control, to deposit, place or suffer to remain thereon, any 
boxes, material, vehicle or other object whatever, or by hitch- 
ing or staking out any horse, cow or other animal or per- 
mitting such horse, cow or other animal to be so hitched or 
staked out that it can go upon or stretch any rope, chain, 
strap or other thing by which it is hitched or staked out across 
any such sidewalk. (Ord. Bk. 2, p. 235, Sec. 1.) 


Sec. 1252. Penalty—Any person or persons violating any 
of the provisions of the preceding section shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall 
be fined in any sum not more than One Hundred Dollars 
($100.00). (Sept. 5, 1905.) 


Sec. 1253. Prohibiting Hitching, Etc., of Horses, Etc., on 
Certain Portions of Certain Streets; Penalty—That it shall 
be unlawful for any person to hitch a horse, horses, or teams, 
or animals to any hitching post, weight or otherwise, or to 
keep said horse, horses, or teams or animals standing or 
hitched in the following streets, or to keep any automobile, 
carriage, or other motor vehicle standing in said streets with- 
out an attendant in charge thereof, within the period or 
during the period between 1:00 o’clock p. m. and 4:00 o’clock 
p. m., on any day except Sunday. | 

The streets upon which hitching and the standing hitched 
of horses and teams or other animals, and the standing of 
automobiles or other motor vehicles unattended is prohibited 
in this section, are as follows: All avenues between Frank- 
lin Avenue and McKinney Avenue, said avenues being in- 


of the City of Houston 449 


cluded, and all streets between Milam Street and San Jacinto’ 
Street, said streets being included; this section applying only 
to the portions of said streets and avenues included within 
the following boundaries: Franklin from Milam to San 
Jacinto, San Jacinto from Franklin to McKinney, McKinney 
from San Jacinto to Milam, Milam from McKinney to Frank- 
lin, said streets being included, except Milam and San Jacinto 
Streets. 


Any person, firm or corporation violating this section shall 
be deemed guilty of an offense, and upon conviction thereof 
in the Corporation Court shall be fined in any sum not less 
than One Dollar ($1.00) and not more than Twenty-five Dol- 
lars ($25.00). (July 27, 1909, Ord. Bk. 2, p. 520, Sec. 1.) 


Sec. 1254. Stands for Hay Wagons—That Texas Avenue 
west of Louisiana Street and Brazos Street between Texas 
Avenue and Capitol Avenue are hereby designated as stands 
for wagons from which hay is being offered for sale, which 
wagons are to keep within the space adjacent to the curb and 
keep said right of way open. for traffic at all times. (Aug. 4, 
1913, Ord. Bk. 3, p. 410, Sec. 1.) 


Sec. 1255. Unlawful Acts by Those Selling Hay; Pen- 
alties—That it shall be unlawful for any hay wagon or wagon 
from which hay is being offered for sale to stand at any other 
place or places than those designated in the next preceding 
section hereof or to fail to keep said right of way open for 
traffic at all times, or to block the sidewalk, or to permit 
their animals to get on the sidewalk, and any person, firm or 
corporation, or officer or agent or employee of such corpora- 
tion, who shall violate any of the provisions of this or pre- 
ceding section shall, upon conviction thereof, be fined in any 
sum not less than Five Dollars ($5.00) nor more than Fifty 
Dollars ($50.00); provided, that such sections shall not be 
construed in any way so as to interfere with the right to 
peddle country produce as fixed by statute. (lId., Sec. 2.) 


ARTICLE 4. 
AWNINGS, SIGNS, ETC. 


Sec. 1256. Swinging Signs Unlawful—lIt shall be unlawful 
for any person to erect, keep, have or hold over or across any 
sidewalk in the City of Houston a hanging or suspended sign 
board, sign or other device, and each day such hanging or 
suspended sign board, sign or other device so erected is kept, 
had or held, shall be a separate offense. (Code 1904, Art. 691.) 


450 Revised Code of Ordinances 


Sec. 1257. Penalty—Any person or persons violating any 
of the provisions of the preceding section shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall 
be fined in any sum not more than One Hundred Dollars 
($100.00). (Sept. 5, 1905.) 


Sec. 1258. Unlawful to Erect Advertising Signs, Except 
as Provided in This Article—That it shall be unlawful for any 
' person, firm or corporation, their agents, tenants or lessees 
to erect, use or maintain advertising signs in the City of 
Houston except as hereinafter prescribed. (Jan. 19, 1913, 
Ord. Bk.°4,'p. 15, Sees.) 


Sec. 1259. Advertising Signs Shall Conform to Classes 
Specified in This Article—All advertising signs hereafter 
used, erected or maintained in the City of Houston shall con- 
form to one of the classes or kinds hereinafter specified, and 
it shall be the duty of the Building Inspector to classify said 
signs and to see that each of such signs is erected and main- 
tained in accordance with the conditions prescribed for the 
particular class to which it belongs, and to report to the 
Police Department and cause the prosecution of all persons 
violating any section of this article. (Id., Sec. 2.) 


Sec. 1260. Advertising Signs Classified—Said signs shall 
« be classified as follows: 


Class A—Electrical illuminated signs made entirely of metal 
lettering and studded in full outline with electric lights or 
having a border of studded electric lights. Such designs to 
have not less than one light for every square foot of sign 
surface. Signs of Class A may be hung over the sidewalk not 
less than nine feet above the sidewalk at its lowest point, 
and shall not project beyond the curb, and shall not weigh 
more than three hundred pounds, including all attachments 
and devices. 


Class A-1—Vertical signs built and illuminated as pre- 
scribed for signs of Class A and weighing more than three 
hundred pounds may be erected subject to the approval of 
the Building Inspector if fastened not more than two feet 
from the wall of a building and not less than nine feet above 
the sidewalk at its lowest point. 


Signs of Classes A and A-1 shall be hung with galvanized 
cables or chains or rods or other fastenings approved by the 
Building Inspector and fastened to the wall with bolts or ex- 
pansion bolts and guyed so as to be immovable. Signs of Class 
A and A-1 may be hung in any part of the city. 


of the City of Houston 451 


—_—— $$$ 


Class B—Signs known as transparencies with lights con- 
cealed, the frames of which are made of metal and sides or 
panels of art glass and weighing not more than three hundred 
pounds. Such signs shall be hung as prescribed for signs in 
Class A and shall have lights equal to two candle power for 
every square foot of sign surface. 

Class B-1—Vertical signs built as prescribed for signs of 
Class B weighing more than three hundred pounds and hung 
as prescribed for signs of Class A-l. Signs for Classes B 
and B-1 may be hung in any part of the city and must be 
inspected and approved by the Building Inspector and the 
City Electrician before being hung. 

Class C—Signs lighted with gas, the supply pipe or conduit 
to which shall extend from the building over and across the 
sidewalk on which may be supported light globes with letters 
or signs painted on the globes. Such signs shall be hung 
as prescribed for signs of Class A and may be hung in any 
part of the city. To such signs may be attached wood or metal 
signs not larger than one foot in width and in length not 
greater than the row of light globes to which it is attached. 


Signs of Classes A, A-1, B, B-1 and C, when erected on 
Main Street between Dallas Avenue and McGowen Avenue, 
may be supported by posts in the outer edge of the sidewalk 
and must not project beyond the curb and be not more than 
nine feet above the sidewalk. 


Class D—Ornamental cast or wrought iron posts set in 
the outer edge of the sidewalk against the curb wall, on which 
posts may be placed light globes on which globes may be 
painted letters and signs. To such posts may be attached 
signs not larger than two feet in either height or width, not 
less than seven and one-half feet above the sidewalk and not 
projecting beyond the curb line, and such signs may be placed 
in any part of the city. 

Class E—Signs made from one thickness of sheet metal and 
fastened to door or window jambs or walks not less than 
seven feet above the sidewalk at its lowest point. Such signs 
to be not more than two feet in height and projecting edge- 
wise not more than eighteen inches beyond the wall line, which 
sign may be erected in any part of the city. 


Class F—Signs of wood or metal not more than three feet 
in height fastened close against the wall of a building, pro- 
vided that no such signs shall be placed above the wall or 
cornice or roof of any building in the City of Houston, nor 
across any window or door, and such signs may be erected 


452 Revised Code of Ordinances 


in any part of the city. (Amendment Feb. 9, 1914, Ord. Bk. 4, 
pele) ; 

Class G—Signs made of wire netting or other open metal 
work stretched on metal frames and supported by metal 
frames and braces with lettering and all sign metal devices 
made of metal. Such signs may be erected above and upon 
the roof of any building if placed within two feet above such 
roof or two feet above the wall, if placed over such wall. 
Such signs must be illuminated and the illumination must be 
not less than two candle power for each and every square 
foot of sign surface. Such signs may be erected in any part 
of the city. | i 

Class H—Signs or bill boards made of metal with wood or 
metal frames inside the fire limits and made of wood or metal 
outside the fire limits. Such signs or bill boards shall be not 
less than two feet above the ground, and not over fourteen 
feet from the ground to its highest point. Such signs may 
be erected in any part of the city. | 


Class I—Signs made of wood or other suitable material 
not more than ten feet long and thirty inches wide, and weigh- 
ing not more than one hundred and fifty pounds. Such signs 
may be erected across the sidewalk not more than nine feet 
above the sidewalk and shall not project beyond the curb. 
Such signs may be erected in any part of the city except in- 
side the fire limits and excepting ‘also on Main Street from 
Dallas Avenue to McGowen Avenue. 


Class J—Cloth signs suspended over the street not less than 
twenty feet above the street at the lowest point and not less 
than eight feet above any trolley wire and shall be supported 
by ropes, no metal to be used in the construction of the sign 
or in the apparatus supporting the same. 


Signs in Class J shall not be allowed to hang more than 
two weeks and may be used only for the purpose of advertising 
celebrations, expositions, carnivals, fairs, excursions of so- 
cieties, public entertainments, or other matters of public 
character, and shall not be used to advertise a private business 
or matters of a private character. 


Class K—Cloth signs hung on the walls of buildings not . 
higher than the bottom of the second story windows and se- 
curely fastened closely against the wall. Such signs may be 
erected in any part of thecity. (1d., Sec. 3.) 


Sec. 1261. Permit for Erection Necessary, Except; Ap- 
plication to Building Inspector; Inspection by City Electri- 


of the City of Houston 453 


cian—No sign shall be erected, used or maintained in the City 
of Houston unless the person, firm or corporation owning, 
using and maintaining the same or desiring to erect the same 
shall obtain a permit from the City Building Inspector; pro- 
vided, that no permit shall be required for signs of Class E, 
Class F, Class J and Class K. It shall be the duty of any 
person, firm or corporation desiring to erect a sign in this city, 
for which a permit is required, to make application to the City 
Building Inspector accompanied by plans and specifications 
showing in detail the proposed manner of construction, erec- 
tion, support and maintenance of such signs. 

If such plans and specifications for signs shall be in com- 
pliance with this article the Building Inspector shall issue a 
permit therefor, and all signs erected under such permits shall 
be erected under the supervision of the Building Inspector, and 
all electrical connections in illuminated signs shall be inspected 
and approved by the City Electrician before it shall be lawful 
to operate said signs. All of said wiring to be done according 
to the rules and regulations of the National Board of Fire 
Underwriters and in conformity with the Charter and ordi- 
nances of the City of Houston and to the satisfaction of the 
City Electrician; provided, that the right herein given for the 
erection, use and maintenance of advertising signs shall not 
be a permanent or vested right, and said permits shall be 
obtained and signs erected subject to the right of the City of 
Houston to further regulate, restrain or abolish the use of the 
same. (lId., Sec. 4.) 


Sec. 1262. Signs to Be Kept in Good Repair; Building 
Inspector May Make at Owner’s Expense, When—lIt shall be 
the duty of every person, firm or corporation owning, using 
and maintaining any signs hereafter erected or now being 
‘used, operated and maintained to keep the same at all times 
in a safe condition, and if any of such signs shall become 
defective, or shall become unsafe or dangerous to the public 
in the opinion of the Building Inspector, the same shall be 
repaired or made safe by the owner or lessee thereof im- 
mediately after notice by the Building Inspector so to do, and 
- should said owner or lessee fail to.comply with said notice 

-within five days thereafter the City of Houston shall have the 
right to make the necessary repairs or adjustments at the 
-expense of the owner, and said sign may be removed from its 
location without further notice. (Id., Sec. 5.) 


Sec. 1263. City to Be Saved Harmless, Etc.; Permit to 


Contain Agreement to That Effect—All persons, firms or 
24 


454 Revised Code of Ordinances 


corporations erecting, using and maintaining any of the signs 
herein provided for, whether as owner, agent, tenant or lessee, 
shall save the City of Houston harmless from all damages 
arising from the erection, use and maintenance of said signs, 
and no sign permit shall be issued unless it contains an agree- 
ment on the part of the person, firm or corporation seeking 
such permit that such person, firm or corporation, whether 
agent, owner, tenant or lessee, will assume all liability for 
damages caused by defective construction, disrepair or dam- 
ages from any source caused by such signs, and shall hold 
and save the city harmless from all damages arising from 
the erection, use and maintenance of said signs. (ld., Sec. 6.) 


Sec. 1264. Penalties—Any person, firm or corporation or 
any member of any firm and the officers and directors of any 
corporation violating any of the next six preceding sections 
shall be deemed guilty of a misdemeanor, and upon conviction 
thereof in the Corporation Court shall be fined in any sum 
not less than Five Dollars ($5.00) nor more than One Hundred 
Dollars ($100.00) ; provided, that it shall also be an offense 
for any person, firm or corporation and any member of any 
firm and the officers and directors of any corporation who 
shall be notified by the Building Inspector to repair or to 
remove any sign in the City of Houston, to fail to do so within 
five days after receiving such notice, subject to the penalty 
above provided; and provided also, that each day’s failure to 
obey such notice after the expiration of five days from the re- 
ceipt thereof shall constitute a separate offense. (Id., Sec. 7.) 


Sec. 1265. Lawful to Erect Stationary Awnings Over 
Sidewalks; How Constructed—That it shall be lawful to erect 
stationary awnings over and across any sidewalk in the City - 
of Houston, in front of any building on the following con- 
ditions: 

First: Awnings within the fire limits shall extend across 

the sidewalk to the curb line and shall be constructed of iron 
or stone posts, not less than four (4) inches in diameter, 
resting upon a concrete foundation, the overhead construction 
to be built substantially; the frame to be constructed of iron — 
with reinforced concrete floors and fireproof throughout; all 
awnings in any block to be of uniform height. Same to be 
constructed under the supervision of the City Building In- 
spector and in accordance with a sketch furnished by said 
Building Inspector and on file in his office, and in strict com- 
pliance with the permit and with this article. 


of the City of Houston | 455 


Second: The owners of buildings shall have the option of 
constructing awnings commonly known as marquee, same to 
be supported by hogchains securely fastened in the walls and 
of such strength and durability as to support twice the weight 
of the awning suspended thereby. Said awning shall be fire- 
proof throughout. If glass is used for roofing of same it 
must be heavily ribbed standard wire glass, supported on 
wrought iron.frame “T” brackets. Same to be constructed 
under the supervision of the Building Inspector, in accordance 
with a sketch furnished by said Building Inspector and on file 
in his office, and in strict conformity with the permit granted 
by the City Engineer and with this article. 


No awning of the marquee type shall be less than nine (9) 
feet above the sidewalk, and such awning shall, in every in- 
stance, whether said awning be constructed heretofore or 
hereafter, be so constructed that the drainage therefrom shall 
run towards the wall and be led down the wall and out under 
the sidewalk to the gutter through a metal conductor. (July 1, 
1912, Ord..Bks 3ep. 117, sec.-ls) 


Sec. 1266. Outside Fire Limits; How Constructed—A wn- 
ings constructed outside of the fire limits may be constructed 
of wood, and when so constructed shall be supported by gas 
pipe posts not less than three (3) inches in diameter, or if 
wood posts, not less than six (6) inches in diameter resting 
upon a concrete foundation, and the overhead structure shall 
be well and substantially built; all parts of said awnings to 
be painted throughout with at least two coats of paint, and the 
roof of any such awning shall be constructed of incombustible 
material. No such awning shall be inclosed in any manner, 
except by railing on second floor. (Id., Sec. 2.) 


Sec. 1267. Must Secure Permit for Construction—No 
awning shall ever be constructed in the City of Houston with- 
out first a permit is procured from the City Engineer authoriz- 
ing the coustruction of such awning, and in such permit the 
kind of awning to be erected shall be designated and a sketch 
thereof shall be filed with the City Engineer for the use of the 
Building Inspector, and no permit shall ever be granted for 
an awning of other or different type than those described in 
this article; provided, that awnings of a different type or con- 
struction to those described in this article may be repaired, if 
not damaged more than twenty-five per cent. (25%) of the 
value of a new awning of a similar construction. (Amend- 
ment Sept. 29, 1913, Ord. Bk. 3, p. —, Sec. 1.) 


456 Revised Code of Ordinances 


Sec. 1268. Penalties—Any person who shall construct or 
repair any awning in the City of Houston without a permit, or 
who shall construct or repair any awning in violation of the 
next three preceding sections shall be deemed guilty of a misde- 
meanor and upon conviction thereof in the Corporation Court 
shall be fined in any sum not less than Fifty Dollars ($50.00) 
nor more than Two Hundred Dollars ($200.00) ; provided, that 
it shall be a separate offense both in the contractor construct- 
ing the awning in violation of the next three preceding sections 
and, also, an offense on the part of the person employing such 
contractor; and provided further, that it shall be a separate of- 
fense on the part of the owner or lessee for each day that 
any awning constructed in violation of the next three preceding 
sections shall be maintained by said owner or lessee of the 
building in front of which said awning shall be unlawrully 
constructed. (Id., Sec. 2.) 


ARTICLE. 5. 
POLES. 


Sec. 1269. To Be Kept Painted—lIt is hereby declared to 
be the duty of every person, firm or corporation who have 
heretofore or who shall hereafter erect a pole or poles on any 
street, alley or sidewalk within the corporate limits of the City 
of Houston for electric light, telephone, telegraph or street 
railway purposes, to paint and keep the'same well painted with 
white lead and linseed oil; color to be designated by the Street 
and Bridge Committee. (Code 1904, Art. 987.) 


Sec. 1270. Unlawful to Mar or Disfigure Such Poles—It 
shall be unlawful for any person or persons to nail, paste or 
attach any sign whatever to, or in any manner mar or disfigure 
such poles, and for violation of this section they shall be 
fined in any sum not less than Ten Dollars ($10.00) nor more 
than Twenty-five Dollars ($25.00). (Id., Art. 988.) 


Sec. 1271. City Electrician to Designate Location—The 
City Electrician shall designate the location of all electric 
street car, telephone and telegraph poles which may hereafter 
be erected in the City of Houston. (ld., Art. 989.) 


Sec. 1272. Location Shall Be Changed When Directed— 
All persons or corporations owning or controlling any poles 
used for telegraph, telephone or electric street car purposes on 
any street, alley or sidewalk in the City of Houston shall change. 
or cause to be changed the location of the same when directed 


of the City of Houston 457 


in writing so to do by the City Electrician, in accordance with 
such instructions as may be given in such written notice. (Id., 
Art. 990.) 


Sec. 1273. Penalty—Any person, firm or corporation who 
shall neglect to comply with the provisions of this chapter 
shall be liable to a penalty of One Hundred Dollars ($100.00) 
to be recovered in a civil suit brought in either of the Justice’s 
Courts of Precinct No. 1, of Harris County, Texas. (Id., Art. 
991.) 


Sec. 1274. Shall Not Construct Poles, Etc., Except as Pro- 
vided by This Article—No person, firm, corporation or com- 
pany shall hereafter erect or construct any pole, pier, abutment 
or any other necessary fixture, appurtenance or appliance for 
electric light, power, telephone or telegraph purposes along 
or across any of the streets, alleys, avenues or squares or else- 
where within the City of Houston for electric light or power, 
telephone or telegraph purposes, or shall hereafter maintain 
any such pole, pier, abutment, wire or other necessary fixture, 
appurtenance or appliance heretofore erected or constructed 
within said city, except in accordance with the provisions of 
this article. (Id., Art. 101.) | 


. Sec. 1275. No Poles, Etc., to Be Erected—No such per- 
son, firm, corporation or company as mentioned in Section 1269 
shall hereafter erect or construct any pole, pier, abutment, 
wire or other fixture, appurtenance or appliance such as men- 
tioned in Section 1269 without first obtaining a permit from 
City Electrician so to do. (Id., Art. 102.) 


Sec. 1276. No Two Lines of Poles Bearing Same Conduc- 
tor on Same Side of Street—No two lines of poles bearing the 
same class of conductors shall be erected on the same side of 
any street, alley, or avenue of this city. (Id., Art. 103.) 


Sec. 1277. Poles Requisite; How Erected, Etc.—All poles 
shall be erected and maintained in a perpendicular position 
and shall be straight and free from bark and placed immedi- 
ately within the curbing where the sidewalks are eight feet 
or upwards in width, and shall be placed in the curbing on a 
line with its outer surface where the sidewalks are less than 
eight feet in width. When the curbing is not laid, the outer 
line of the same shall be taken and eight inches within the 
outer line if the sidewalks are eight feet or more in width. 
(Id., Art. 104.) 


458 Revised Code of Ordinances 


Sec. 1278. Each Line of Poles to Run on Same Side of 
Street—Each line of poles shall be run on one side of the street, 
alley or avenue only, except when absolutely necessary to 
change to the other side; but this may be done only by permis- 
sion of the City Electrician. Cross arms shall be of uniform 
length, strengthened by braces, and the cross arms of each 
company shall be branded or stamped with the initials of the 
company owning the same, and no wires shall be less than 
twenty-five feet from the curb in height. (lId., Art. 105.) 


Sec. 1279. No Advertising Matter to Be Placed on Poles 
—It shall be unlawful for any person, firm or corporation to 
place or allow to be placed any advertising cards or posters 
or other light material on any of their poles within the city 
limits, and any person, firm or corporation allowing the same 
to be done shall be deemed guilty of an offense. (Id., Art. 106.) 


Sec. 1280. Companies Shall File Agreement for Joint 
Use—Any company erecting poles under the provisions of this 
article shall, before obtaining a permit therefor from the City 
Electrician, file an agreement in the office of the City Secretary 
permitting the City of Houston to occupy and use the cross 
arm of any pole erected, or which is now standing, for the 
use of said city for telegraph purposes free of charge, and 
any such cross arm, insulators or poles found to be in bad 
order shall be placed in good condition by such companies, 
firms or corporations owning such poles, cross arms, insu- 
lators or supports for said wires on being notified by the City 
Electrician. (Id., Art. 118.) 


Sec. 1281. Must File Permission to Use by City—Every 
telegraph or telephone or other electric company doing busi- 
ness within the city shall file with the City Secretary its 
acceptance in writing of so much of this article as relates to 
the use by the city of the top cross arm of the poles. (ld., 
AYts 127.) 


Sec. 1282. City Electrician May Change Location of 
Poles—The right is hereby reserved to the City Electrician, 
at any time, to direct any alteration in the location of poles, 
and also in the height at which the wires shall run; but before 
any such alteration is made, at least five days’ notice in writing 
shall be given the president or local officer of the company 
affected by the proposed alteration, and reasonable oppor- 
tunity shall be afforded the representatives of such company 
or any citizen interested to be heard therein. But when any 
such alteration shall be ordered, the said company shall, with- 


of the City of Houston 459 


- 


in five days thereafter, commence such alteration and com- 
plete the same as soon as practical thereafter, and upon failure 
to do so, it shall be deemed guilty of a misdemeanor and 
punished as hereinafter provided. (Id., Art. 1238.) 


Sec. 1283. Poles to Be Painted—That all poles erected to 
carry telephone, telegraph, electric light or other wires shall 
be painted in accordance with the following conditions, viz: 

1. That all the poles shall be painted black for a distance of 
seven feet above the ground line. 


2. That from a distance of seven feet from the ground 
line to the top of all poles of any company or association, shall 
be painted a uniform and distinctive color that may be as- 
signed to said company by the City Electrician. 


3. That whenever application is made for the purpose, it 
shall be the duty of the City Electrician to assign to each 
company or association that have poles erected, a distinctive 
color for the painting of the poles, and the City Electrician 
shall thereupon notify the Street Commissioner, Chief of Fire 
Department and Chief of Police Department, the name of the 
company and the distinctive color so assigned. (Id., Art. 124.) 


Sec. 1284. Penalty—Every violation of the provisions of 
this article shall constitute a misdemeanor, and the persons, 
company or corporation, or any employee, agent, manager 
or officers thereof guilty of violating any of the provisions 
shall upon conviction thereof in the Corporation Court be 
fined not less than Ten Dollars ($10.00) nor more than One 
Hundred Dollars ($100.00) for each offense, and every vio- 
lation of and each and every day’s failure or refusal to comply 
with said provisions shall constitute a separate offense, and 
in case of wilful and continued violation of the provisions of 
said sections by any such.person, company or corporation, 
as aforesaid, or their agents, employee, servant or officers, 
the city shall have the power to revoke and repeal ahy ordi- 
nance under which said person, company or corporation may 
be acting, and to revoke and repeal all permits, privileges and 
franchises to said persons, company or corporation as afore- 
said. . (Id., Art. 125.) 


ARTICLE 6. 
BILL POSTING. 


Sec. 1285. Bill Posters Must Have License—No person 
shall engage in or carry on the business or occupation of bill 
posting in the City of Houston without having first obtained 


460 Revised Code of Ordinances 


a license or permit from the proper authorities to carry on 
said business in accordance with the provisions of this article. 
(Mar. 5, 1906, Ord. Bk. 2, p. 251, Sec. 1.) 


Sec. 1286. Who Are Bill Posters—Bill posters, within the 
meaning of this article, shall be construed to include all per- 
sons who engage in the business or occupation of posting, by 
tacking, posting, painting or otherwise circulating from house 
to house, or distributing upon the streets or upon any public 
grounds or private property any advertising matter, bills, 
posters, pictures or any other thing, matter or device what- 
soever, advertising the business of any person, firm or cor- 
poration, whether that of merchant, manufacturer, publisher 
or person or persons engaged in any business or industrial ~ 
pursuit, or any operas, theatres, shows, circuses or other ex- 
hibitions; provided, however, that nothing herein contained 
shall be construed to mean the painting of store, office or 
other signs by sign painters, or to the posting of legal notices 
by public officers, attorneys, trustees, or other persons whose | 
duty it may be to post the same, in the manner and in the 
places prescribed by law. (Id., Sec. 2.) 


Sec. 1287. How to Obtain License; Fee; Bond—Any per- 
son desiring to engage in the business of a bill poster within 
the said city shall make application in writing to the City 
Council of said city for a license so to do and file such applica- 
tion with the City Secretary of the City of Houston. The City 
Council may thereupon grant such license or permit, and di- 
rect that the same be issued to the applicant, upon his paying 
to the City Assessor and Collector the sum of Fifty Dollars 
($50.00), and filing with the City Secretary of the City of 
Houston the Assessor and Collector’s receipt therefor, and 
upon the further condition that the applicant shall file with 
the said City Secretary of the City of Houston a bond in the 
sum of Five Hundred Dollars ($500.00), payable to the City 
of Houston, with two or more sufficient sureties, or with some 
responsible surety company authorized to do business in the 
State, and having a local agent in Harris County, Texas, which 
bond shall be acceptable to and be approved by the Mayor of 
the City of Houston, and be conditioned that the party to whom 
such license or permit is issued will conform to all ordinances 
of the City of Houston regulating, concerning or in any man- 
ner bearing upon the business of a bill poster. The said license 
or permit shall be signed by the Mayor and attested by the 
City Secretary of said city, and shall expire one year from the 


of the City of Houston 461 


— 


gee of its issuance, unless sooner revoked or canceled, as 
hereinafter provided. (Id., Sec. 3.) 


Sec. 1288. No Advertisements, Etc., to Be Painted, Etc., 
on Any Curb, Sidewalk, Etc.—No person in said city shall 
paint, print or post any picture, bill or advertising matter of 
any kind upon any curb, sidewalk or other public improvement 
in any public street or grounds, or upon any bridge or part of 
same, or public building, structure or erection of any kind be- 
longing to the City of Houston, unless express consent therefor 
shall have been first granted by the City Council and entered 
on its minutes. (ld., Sec. 4.) 


Sec. 1289. No Advertising Matter, Etc., Shall Be Painted, 
Etc., on Any Post, Etc., Property of Another, Etc.—No per- 
son shall hereafter paint, print or post or in any way affix 
any picture, bill or advertising matter of any kind upon any 
post, fence, tree, billboard or signboard, upon any building or 
erection or structure of any kind, within the City of Houston, 
unless the building or object upon which the same may be 
placed is the property, or under the control of the person so 
doing, or unless the consent of the owner or the person in con- 
trol thereof shall have been first obtained. (Id., Sec. 5.) 


Sec. 1290. Handing Out, Etc., of Advertising Matter on 
Streets, Etc., Forbidden—No person shall give or hand to 
any person or persons passing through or upon the streets or 
sidewalks, or loosely scatter or throw any bills of paper, or 
other advertising matter, or loose material, on the surface of 
any of the public streets or ways, or on the public grounds of 
said city, or within the yards of private residences. (Id., 
Sec. 6.) 


Sec. 1291. Posting of Obscene or Immoral Matter For- 
bidden—No bill poster or other person shall post or affix in 
any way to any building, structure or object whatsoever, so 
that same shall or can be seen from any of the public grounds 
or public ways, any bill, picture, illustration, printed matter 
or any other object or device of any obscene or immoral na- 
ture or character. (Id., Sec. 7.) 


Sec. 1292. Bill Posters Shall Not Leave Refuse, Etc., on 
Sidewalks, Etc.—No bill poster shall scatter, daub or leave any 
paste, glue or other like substance used for or in any way con- 
cerned in the affixing or posting of bills upon any public side- 
walk, pavement or street in said city, or scatter or throw any 
old bills or waste material removed from bill boards or other 


462 Revised Code of Ordinances 


objects on any such sidewalk, street or pavement, or on the 
surface of any public street or way, or on the surface of any 
private grounds. (Id., Sec. 8.) 


Sec. 1293. Bill Posters Shall Avoid Creation of Nuisances, 
Etc.—No person carrying on the business of bill poster, as the 
same has been herein defined, shall post or in any manner affix 
bills or other forms of advertisements in such a manner as to 
create a nuisance, or a slovenly or unsightly appearance at any 
place in said city, but all such posting or affixing of bills or 
other advertisements of any kind whatsoever shall be done in 
a neat.and tidy manner, and all refuse and waste of every 
kind whatsoever shall be carefully removed at once. _ (ld., 
Sec. 9.) 


Sec. 1294. Bill Posters Shall Not Erect Sign Board With- 
out Permit from City Council, Etc.—No bill poster or person 
engaged in the business of bill posting shall erect any bill board 
within the City of Houston without first having obtained a per- 
mit so to do from the City Council of the City of Houston, 
after having filed’ his application with the City Secretary of 
said city. (Idi; Sec: 10:) 


Sec. 1295. Biull Poster Shall Not Use Poles, Etc.—wNo bill 
poster or other person shall post, paint or affix in any way to 
any telegraph pole, electric light pole, telephone pole, or street 
car pole, or tree, any sign, notice, card or advertisement of 
any kind or character whatsoever. (Id., Sec. 11.) 


Sec. 1296. City Council May Cancel License; Must Return 
Pro Rata Portion License Fee—The City Council of the City 
of Houston shall, at any time after the issuance of a permit or 
license as is provided for in the provisions of this article, have 
the right to cancel and revoke the same, without assigning 
any cause whatever for so doing, upon refunding to the person, 
firm or corporation to which such license has been granted the 
pro rata portion of the fee paid for such permit or license; 
that is, such proportion as the unexpired time or term for 
which such permit or license was granted bears to the entire 
time or period for which same was granted. (Id., Sec. 12.) 


Sec. 1297. Penalty—That any person violating any of the 
provisions of this article shall be guilty of a misdemeanor, and 
upon conviction thereof in the Corporation Court of said City 
of Houston shall be fined in any sum not less than Five Dol- 
lars nor more than One Hundred Dollars. (Id., Sec. 14.) 


of the City of Houston 463 


ARTICLE 7. 
TRAFFIC (STREET). 


Sec. 1298. Definition of “Driver,” ‘“Street,’”’ ‘‘Curbs,”’ 
‘“‘Person,”’ “Persons”? and ‘‘Vehicles’”—The word “driver,” as 
used in this. article, includes the rider or driver of any horse, 
the operator of any motorcycle, automobile, street car or other 
vehicle however drawn or propelled. The word “street” in- 
cludes every avenue, boulevard, highway, cartway, lane, alley, 
path, square, place and places used by or laid out for the use 
of vehicles. The word “curbs” are the lateral boundaries as- 
signed for the use of vehicles whether marked by curbstone or 
not. The word “person” or “persons” includes all individuals, 
associations, partnerships, corporations or agents. And the 
term “vehicle” shall include every wagon, ‘omnibus, carriage, 
pusheart, bicycle, tricycle, motorcycle, automobile or other 
conveyances, except baby carriages, in whatever manner or by 
whatever power the same may be driven or propelled. (Mar. 
A, A914 Orde Bky 4, ps 245,..Rule/53:) 


Sec. 1299. Drivers, Etc., of Vehicles Must Familiarize 
Themselves With Rules of the Road, Etc.; Want of, Prima 
Facie Evidence of Negligence, in Civil Actions; Offense—It 
shall be unlawful for any person to permit any motor driven or 
horse drawn vehicle to be run, driven or operated by any per- 
son unless such driver or operator has familiarized himself 
with the rules of the road as prescribed herein and the other 
requirements of this article and has sufficient intelligence to 
understand the same and sufficient skill and strength to comply 
therewith. Any violation of any of the provisions of this ar- 
ticle by any person in charge of or operating any such vehicle 
shall be deemed an offense not only by the person actually in 
charge of and operating such vehicle but also by the owners or 
managers thereof, and in any civil action for damages growing 
out of or connected with the use of any machine or vehicle on 
the roads or streets of the City of Houston proof that the ve- 
hicle so operated or driven by a person who was not familiar 
with the rules of the road as prescribed in this section and the 
other provisions of this article for the operation thereof, or by 
a person that had not sufficient skill or strength to comply with 
the provisions hereof shall be prima facie evidence of negli- 
gence. (Mar. 4, 1914; Ord. Bk. 4, p. —, Sec. 1.) 


Sec. 1300. Failure to Observe Traffic Ordinances Negli- 
gence Per Se—Failure to observe any of the provisions of this 


464 Revised Code of Ordinances 


article shall constitute negligence per se, and should such fail- 
ure result in injury to any person, in any civil action for dam- 
ages on account thereof, no other or further proof of neg!li- 
gence shall be required. (ld., Sec. 2.) 


Sec. 1301. Speed Limit—It shall be unlawful for any au- 
tomobile or other vehicle, including ambulances, to be operated 
on the streets or ways of the City of Houston in the district 
bounded by Buffalo Bayou, Crawford Street and McKinney 
Avenue, also in any cemetery or place of burial within the 
city, or within any public park in said city at any speed greater 
than 10 miles per hour. In all other portions of said city said 
speed limit shall not exceed 15 miles per hour, provided, that 
in turning any corner at any place in the city limits the speed 
limit shall not exceed 5 miles per hour, and provided further, 
that the designation of speed limits shall not constitute a li- 
cense for any person in charge of any automobile or other 
vehicle on any public street or way in the City of Houston to 
drive the same at the speed limit indicated regardless of prop- 
erty, but same shall be at all times operated with the consider- 
ation of safety first and at a speed no greater than is reason- 
able and proper, having regard for the traffic and use of the 
public streets and ways by others, or so as to endanger the life, 
limb or property of any person then thereon, and the careless 
operation of such machine at a speed greater than is proper 
and safe at any given point or place shall constitute an offense 
‘even though the speed limit designated herein is not exceeded. 
(Id., Sec. 3.) 


Sec. 1302. Rules and Regulations Governing Drivers, 
Etc., of Automobiles, Etc.—It shall be the duty of any person 
driving or operating an automobile, motor or other kind of 
vehicle upon any street or way in the City of Houston to ob- 
serve the following rules in addition to those prescribed in the 
next preceding section: 


(1) Shall Keep to Right Center Line of Streets; How 
Pass on Meeting Vehicles—He shall always keep to the right 
hand side of the center line of any and all streets or ways in 
the City of Houston, and in meeting any vehicle shall pass to 
the right. 


(2) Unlawful to Drive or Stop Abreast; How Pass on 
Overtaking Vehicle—It shall be unlawful for vehicles to be 
driven or stopped abreast, and a vehicle overtaking another 
vehicle shall pass to the left side of the overtaken vehicle and 
shall not pull over to the right until entirely clear of the over- 


of the City of Houston 465 


taken vehicle, nor shall it leave the center line on the right 
unless there is a clear way of at least 100 feet in advance on 
the left. 


(3) Avenues, Etc., With Park Way, Etc.—On all avenues 
or streets divided by park way, walk, sunken way or viaduct 
the vehicle shall keep to the right of such division. 


(4) Turning Corners or in Streets, Etc., Observation to 
Be Made, Etc.—In turning a corner, or turning in the street, 
or in crossing to the opposite side of the street the driver shall 
make observation both in front and rear for approaching ve- 
hicles, and shall as speedily as possible regain his position on 
the right side of the street. 


(5) Turning Corners, How Done—In turning a corner to 
the left the driver shall go to the further side of the inter- 
section to turn, and in turning a corner to the right he shall 
turn on the near side of the intersection as near the curb as 
practicable, having his motor thoroughly under control. 


(6) Vehicles Not to Pass at Street Intersections Vehicles 
Going in Same Direction—No vehicle shall pass or attempt 
to pass, at any street intersection, another vehicle going in the 
same direction. | 


(7) How Vehicles Turning to Left Shall Enter Other 
Streets—Al]l vehicles turning to the left into another street 
shall pass to the right of and beyond the center of the street 
intersection before turning. 


(8) Positions, Etc., of Vehicles With Reference to Curbs 
—No vehicle shall stop with its left side to the curb, and all 
vehicles when stopped shall stand parallel to the curb, nor shall 
any vehicle stand backed up to the curb except when actually 
loading and unloading, and when a horse drawn vehicle having 
four wheels is backed up to the curb the horse or horses shall 
be turned so as to be parallel with the curb and head in the 
direction of travel for the side of the street on which the ve- 
hicle is standing and no vehicle shall stand or back up to. the 
curb if it interferes with or interrupts the passage of other 
vehicles or street cars. 


(9) Stopping, Etc., Vehicles in Streets Prohibited, Ex- 
cept; Crossings Not to Be Obstructed—Unless in an emer- 
gency or to allow another vehicle or pedestrian to cross its path 
no vehicle shall stop or stand in any public street or way in 
the City of Houston except close to the curb line, and not over 
two feet therefrom, nor shall any vehicle stop so as to obstruct 
a crossing, nor within ten feet of a fire hydrant; provided, that 


466 Revised Code of Ordinances 


nothing herein shall prevent a vehicle from stopping at a street 
crossing to take on or discharge passengers. 

(10) Stopping, Etc., at Intersection, Prohibited; Dis- 
charge, Etc., of Passengers—No vehicle shall stop and stand 
within the intersection of any two streets and drivers of ve- 
hicles that are proceeding along the right hand side of the 
street and desire to discharge or take on passengers on the 
left side of the street shall go to the intersection of the street 
and cross over, as is required for vehicles making a turn. 


(11) Passing, Etc., Street Cars Receiving, Etc., Passen- 
gers; Traffic Officer to Be Obeyed—All drivers of vehicles 
overtaking or passing a street car that is receiving or dis- 
charging passengers shall exercise due caution not to inter- 
fere with or injure the passengers getting on or off said car, 
and unless there is a clear way between vehicle and car of seven 
feet it shall be the duty of any such vehicle to stop until the 
passengers have been safely taken on, or discharged as the case 
may be, or have reached the curb; provided, that all vehicles 
shall move when signaled to do so by the Traffic Officer. 


(12) Right of Way of Vehicles—On all public streets and 
highways in the City of Houston all vehicles going in a north- 
erly or southerly direction shall have the right of way over 
those going in an easterly or westerly direction ; provided, that 
officers and members of the Fire Department with their fire 
apparatus when going to, or on duty at or returning from a 
fire and all officers or men and vehicles of the Police Depart- 
ment, and all ambulances, when answering emergency calls, 
shall always have the right of way over any street and through 
any procession. Street cars shall have the right of way on 
their tracks, and persons driving vehicles on the street car 
tracks between street intersections shall immediately turn out 
on signal given by the motorman. 


(13) Intending to Stop, Signals to Be Given to Those Be- 
hind; Other Signals—When intending to slow up or stop a 
signal shall be given by the driver so intending to those behind 
by raising the whip or hand vertically. In turning while in 
motion or in starting to turn from a standstill, a signal shall be 
given by raising the whip hand, indicating in which direction 
the turn shall be made. — 

(14) Distance Between Vehicles Approaching, Etc., 
Crossing—No person having charge of a vehicle shall allow 
the same to come within ten feet of any vehicle in front of him 
when approaching or passing over a crossing over which pedes- 
trians are crossing or about to cross. 


of the City of Houston 467 


(15) Duty of Driver Receiving Signal from Another of 
Intention to Pass—When any person in control of a vehicle 
receives a signal that the person behind desires to pass it shall 
be his duty to draw in as close to the right curb as practicable 
until the said passing has been accomplished and the passing 
vehicle has pulled into its place on the right hand side of the 
street or highway. 

(16) Crossing of Streets by Pedestrians—No street shall 
be crossed by any pedestrian or vehicle except at intersections, 
and then the turn shall be made straight across at right angles 
and not diagonally. 


(17) Curbs Not to Be Monopolized—wNo vehicle shall be 
allowed to monopolize any part of the curb, and shall promptly 
give place to any vehicle about to take on or let off passengers. 


(18) Vehicles, How Loaded With Iron, Etc.—No person 
shall load a vehicle with iron or other material that may strike 
together and produce a disturbing or disagreeable noise with- 
out making proper provision so that same shall cause no un- 
necessary noise while proceeding through the streets, nor shall 
any person so load a vehicle with iron, lumber or other ma- 
terjal as that it will be permitted to hang over and drag on the 
street. 


(19) Contents of Vehicles to Be Covered, When—No ve- 
hicle containing substances or objects objectionable to the eye, 
or which throw off an offensive smell, shall be driven through 
the streets unless said substances or objects shall be covered 
with a tarpaulin or other sufficient covering. 


(20) Not to Cross Lines, Etc., of Funeral: Processions— 
No person shall ride or drive any animal or vehicle across the 
line or through a funeral procession while the same is pro- 
ceeding along any of the streets or ways in the City of Hous- 
ton; however, when such procession is at a standstill for any 
reason, the vehicles composing same shall be so moved and 
placed as to permit crossing on intersecting streets. 


(21) Permits Necessary for Vehicle to Draw Another, 
Except—wNo person shall be permitted to draw a vehicle by the 
use of another vehicle in a street without written permission 
from the Chief of Police, except in cases of accident or emer-— 
gency, in which case the driver of a vehicle may draw one other 
disabled vehicle in a street; provided, the vehicles are securely 
attached to each other, and if after nightfall are duly lighted. 


(22) Bicycles, Etc., Prohibited on Sidewalks, Etc.—No 
person shall ride a bicycle, tricycle or motorcycle over or upon 


468 Revised Code of Ordinances 


any sidewalk or foot walk intended for the use of pedestrians, 
and no person shall lead, drive or ride an animal or propel a 
vehicle upon a sidewalk except in passing into or from lots 
where turnouts are constructed and provided peut the street 
for such purpose. 


(23) Pedestrians Not to Obstruct Sidewalks, Etc.—A 
pedestrian shall not stop or stand in the way so as to obstruct 
the free use of the sidewalks or street corners or any other pub- 
lic place in the City of Houston by loafing, lounging or stand- 
ing in and on the same. . 


(24) Bicycles, Etc., to Have Gongs, Etc.; Not to Be 
Sounded, Except; Character of Gongs—AIll bicycles, tricycles, 
velocipedes, motorcycles, automobiles and all horseless vehicles 
upon the streets shall have attached thereto a gong, bell or 
horn or other adequate signal and in good working order of 
proper size and character sufficient to give warning of the 
approach of such vehicles, and such gong, bell, horn or other 
devices shall not be sounded except when necessary to give 
warning; provided, that no such gong, bell, horn or other sig- 
nal shall be used as shall produce a sound of an unusually loud, 
annoying or distressing character, or such as to frighten pedes- 
trians or animals or make an offensive noise or constitute a 
nuisance, such as “sirens” or similar instruments; provided, 
that the inhibition of this section shall not apply to a public 
ambulance, or vehicles belonging to the Fire Department or 
Police Department of the City of Houston. 


(25) Emission of Steam, Etc., by Motor Vehicles—No 
person operating a motor driven vehicle shall permit the mo- 
tor to operate in such manner as to visibly emit any undue 
amount of steam, smoke or other product of combustion from 
exhaust openings, nor permit such vehicle to make unnecessary 
noise by cutting out the muffler. 


(26) Lights on Automobiles After Sunset—All automo- 
biles operated or standing in the public highways of the City 
of. Houston between one-half hour after sunset and one-half 
hour before sunrise shall be provided with at least two lighted 
lamps visible for a reasonable distance in the direction toward 
which the vehicle is going, and one red light attached to the 
rear of such vehicle. | 


(27) Street Cars, Etc., Using Electric, Etc., Lights, Must 
Be Equipped With Turn Down, Etc.—Street cars, automo- 
biles, motorcycles and other vehicles, except the Police and 
Fire Departments, using electric or are lights or any lights 
with reflector or lens or mirror of a penetrating effect of more 


of the City of Houston 469 


than 200 feet must be equipped with the necessary turn down 
or reduction method of reducing the intensity and reflecting 
power of the lamp or light, or be so adjusted that when in use 
all of the direct rays or lights thrown out of said lamp, lamps, 
mirror or reflectors shall strike the ground at a distance of not 
greater than 200 feet from said lamp. 

(28) Lights to Be Displayed by Horse Drawn Vehicles 
After Sunset—Any horse drawn vehicle while in use in the 
streets between one-half hour after sunset and one-half hour 
before sunrise must display one or more lights or lanterns on 
the left side of said vehicle, so placed as to be visible from 
both front and rear. 


(29) Directions of Traffic Officer to Be Obeyed—It shall 
be the duty of all drivers of street cars, vehicles, pedestrians 
and others to watch for and comply with the directions by 
voice, gesture or signal of the Traffic Officer or the Police 
and a wilful failure or refusal to comply therewith shall con- 
stitute an offense. 


(30) Certain Vehicles Have Right of Way; Duty of Other 
Vehicles; Speed Limit for Vehicles of Police Department in 
Certain District—That the Police, Fire Department, Fire Pa- 
trol, ambulance, United States mail and street railways while 
in the active discharge of their duties shall have the right of 
way of all vehicles, and on approaching or sounding the bell or 
other signals thereon all other vehicles shall clear the way; pro- 
vided, that on Main Street from McKinney Avenue to the 
Bayou, and on all the streets and avenues in the district 
bounded by Capitol Avenue, San Jacinto Street, Franklin Ave- 
nue and Milam Street, inclusive of said bounding streets and 
avenues, the provisions of Section 1301 regarding the speed to 
. be allowed in said district shall apply to the vehicles of the 
Police Department, but the provisions of Section 1301 shall not 
‘apply to such vehicles at other points of the City of Houston, 
nor shall the speed limits therein designated at any time or 
place apply to the Fire Patrol or Fire Department, provided 
further, that no ambulance shall be driven on or across Main 
Street except when necessary to answer a call which necessi- 
tates the use of said street and then only for such distance as 
is unavoidable. . 


(31) Duty of Drivers on Approach of Fire Apparatus—- 
Upon the approach of any fire apparatus the. driver of any 
vehicle shall immediately drive it as close as may be practi- 
cable and parallel to the right hand curb and stop and remain 


there until the fire apparatus shall have passed. 
37 


A70 Revised Code of Ordinances 


(32) Obstruction of Streets by Vehicles, Etc., Prohibited 
—No vehicle or street car shall so occupy any street as to un- 
necessarily interfere with the passage of other street cars or 
vehicles. 

(33) Vehicles Loaded With Merchandise, Etc., Not to 
Be Driven on Main Street Between McKinney and Commerce, 
Except—No vehicle loaded with merchandise, freight or other 
commodities shall be driven on Main Street from McKinney 
Avenue to Commerce Avenue, except for such distance as may 
be necessary to reach the buildings to which it is going. 


(34) Street Cars to Stop on Approach of Fire Engine, 
Etc., and Before Passing Fire Station—The driver of a street 
car shall immediately stop such car and keep it stationary 
upon the approach of a fire engine or other fire apparatus on 

an intersecting street and before passing in front of any fire 
station shall stop and give three bells. 


(35) Police Department, Etc., Right of Way Through 
Processions, When—The Police, Fire Department, ambulance 
answering emergency calls shall have the right of way through 
all and any processions, when in the regular course of their 
duty. 


(36) Vehicles in Procession, Not to Obstruct Intersecting 
Streets—The drivers of vehicles shall not proceed in proces- 
sion in such manner as to block or interfere with the passage 
of intersecting streets, but shall always keep sufficient space 
between them at intersections to permit of such passage. 


(37) Duty Drivers of Street Cars to Notify Pedestrians 
if Can Pass—A driver of a street car at a street intersection © 
shall indicate by an unmistakable wave of his hand to the 
approaching pedestrians and drivers of vehicles whether they 
may pass in front of the car. 


(38) Street Cars Loading, Etc., Passengers, to Stop, 
Where—All street cars shall stop at the near side of all cross- 
ings and curves, for the purpose of loading or unloading pas- 
sengers in the business district. In stopping at the intersec- 
tions of streets on the near side of the same, the car shall be 
stopped on the building line of such streets. Outside of the 
district bounded by Capitol Avenue, Fannin Street and Buffalo 
Bayou cars shall stop on the far side of the streets. 


(39) Property Left nm Vehicles for Hire—Drivers and 
_ operators of public vehicles for hire shall promptly deliver to 
the Chief of Police all property of value left in their vehicles 
by passengers. 


of the City of Houston A471 


(40) Vehicles Shall Not Drive on, Etc., Fire Hose—No 
person shall propel, permit or allow any motor vehiéle, car, 
bicycle or other vehicle to be propelled or driven, nor drive, 
permit or allow any animal attached to any vehicle whatso- 
ever to be driven on, over or across any fire hose, or to ob- 
struct, delay, hinder or impede any fire apparatus or any mem- 
_ ber of the Police or Fire Department while in the discharge 
of their respective duties along, over, on or about any of the 
avenues, streets, parks or highways or other public places 
within the city limits. 

(41) Spreaders of Animals Drawing Vehicles Prohibited 
—No person, owner or driver in charge of a double team of 
horses or mules shall use spreaders on the reins, and no team 
of horses or mules shall be hitched to a wagon or other horse 
drawn vehicle as that it will cause said horses or mules to 
spread apart under normal conditions to exceed two feet six 
inches on the inside from shoulder to shoulder. 

(42) Horses Not to Be Left Unhitched, Unless—No horse 
shall be left unattended in any street or highway unless se- 
curely fastened, or unless the wheels of the vehicle to which 
he is harnessed are securely tied, fastened or chained, and the 
vehicle is of sufficient weight to prevent it being dragged at 
a dangerous speed with the vvheels so secured. 

(48) Horses Shall Not Be Unbitted, Unless—No horse 
shall be unbitted in any public street or highway unless se- 
cured by a halter. 

(44) Wheels, Etc., Not to Be Removed, Unless—No per- 
son in any street, or highway, shall remove a wheel, pole, whip- 
pletree, splinter-bar, or any part of a vehicle, or any part of 
the harness of a horse likely to cause an accident if the horse 
should start, without first unhitching the horse or horses at- 
tached to said vehicle. 


(45) Streets, Etc., Not to Be Used for Breaking Animals, 
Etc.—No person shall drive upon the streets or highways any 
unduly dangerous or partially “broken” animal, or use the 
streets or highways for the use of breaking animals, it being 
the intention of this section to define the words “broken” and 
“breaking” to the acts of accustoming animals to the saddle 
and harness, nor shall any person drive any animals on the 
streets of the City of Houston for the purpose of offering or 
showing the same for sale. 

(46) Horses, Etc., Not to Be Hitched to Fire Alarm Box, 
Etc.—No person ‘shall fasten, tie or hitch any horse or mule 
or other animal to any fire alarm box, nor to any pole or post 


AT2 Revised Code of Ordinances 


used for the purpose for the support of such box, nor to any 
tree standing or being on any street or highway in the city 
limits. 

(47) Spitting in, Etc., Street Cars, Etc., Prohibited—No 
person shall expectorate or spit in or upon any part of any 
street car, railway carriage or other public vehicle carrying 
passengers for hire, nor in or upon any public building belong- 


ing to the city, nor upon any parkway, footpath or sidewalk in 
the City of Houston. 


(48) Notice Forbidding Spitting to Be Posted—Street 
railways and other proprietors of. other public vehicles car- 
rying passengers for hire shall keep posted conspicuously in 
every one of their cars notices forbidding such expectoration. 


(49) Hanging on Street Cars, Etc., by Persons Riding 
Bicycles, Etc., Prohibited—It shall be unlawful for any person 
or persons riding a bicycle, tricycle, motorcycle, skates or other 
vehicle of like character, or on foot, to cling to or hang on to 
any street car, automobile or other vehicle while in motion. 


(50) Obstructions of Streets, Etc., by Organizations, Etc., 
Without Permit, Forbidden—No person, society, organization 
or company, or circus parade shall obstruct or impede the or- 
dinary use of the streets, sidewalks, squares, parks or park- 
ways by assembling crowds thereon, or use the same for the 
purposes of preaching, begging, speech-making, hawking of 
goods and merchandise, selling medicine or other commodities 
or pursue any other vocation that will cause the assembly of 
crowds thereon, without having first obtained a permit from 
the Mayor and the City Council. 


(51) ‘Duty of Police to Familiarize Themselves With 
Traffic Ordinance, Etc.; Duty of Persons Using Streets—It 
shall be the duty of the police to thoroughly acquaint them- 
selves with the provisions of this article and to assist all per- 
sons using the streets of the City of Houston to become ac- 
quainted and to comply therewith. And it shall be the duty 
of all persons using the streets and ways of the City of Hous- 
ton to comply with these regulations or with any directions or 
suggestions with regard thereto given to or made by the police. 


(52) Duty of Drivers in Case of Accidents, Etc., Due to 
Driving, Etc.—In case of accident to or collision with persons 
or property upon any of the public streets, parks or parkways 
of the City of Houston due to the driving or operation thereon, 
of any vehicle, the person so driving or operating such vehicle 
shall stop and give such reasonable assistance as can be given, 


of the City of Houston 473 


and shall upon request of the person injured or any other per- 
son give such person his name and address, and if not the 
owner, the name and address of the owner of such vehicle, to- 
gether with the registered number of such vehicle, whether 
such vehicle is motor propelled or horse drawn. (lId., Sec. 4.) 


Sec. 1303. Vehicles Not to Stand Longer Than; Excep- 
tions—No person shall leave a vehicle hitched or standing in 
front of any person’s residence, place of business or property 
for more than thirty minutes against the consent of the owner 
or occupant of such property, and in the district bounded by 
Franklin Avenue, Texas Avenue, Fannin Street and Travis 
Street, said streets being included, no vehicle shall be left 
standing or hitched for a longer period than thirty minutes; 
provided, that this section shall not apply to streets and places 
that have been created as hack stands, nor shall it interfere 
with persons selling produce on the Market Square by permis- 


' sion of the City of Houston or the Market Master. (Id., 
Sec. 5.) 


Sec. 1304. Persons in Charge of Vehicles Shall Not Re- 
fuse, Etc., to Stop, Etc., as Directed by Police Officers—No 
person having charge of a vehicle in the public streets shall 
refuse or neglect to stop, or move, or place the same as directed 
by the police officers, any of these rules to the contrary not- 
withstanding. (ld., Sec. 6.) 


Sec. 1305. Penalties—Any person violating any of the 
provisions of this article shall be deemed guilty of a misde- 
meanor, and upon conviction thereof in the Corporation Court 
shall be fined in any sum not less than One Dollar nor more 
than One Hundred Dollars. (Id., Sec. 7.) 


ARTICLE 8. 


~ MISCELLANEOUS. 


Sec. 1306. Unlawful to Wash Vehicles on Streets Paved 
With Brick or Asphalt—It shall be unlawful for any person, 
firm or corporation to wash any carriage, wagon or other ve- 
hicle upon any street of the City of Houston now paved or 
hereafter paved with asphalt or brick. (Code 1904, Art. 700.) 


Sec. 1307. Unlawful to Mix Mortar or Cement on Said 
Streets—It shall be unlawful for any person to mix any lime 
or other mortar or cement upon any of said streets. (Code 
1904, Art. 701.) 


474 Revised Code of Ordinances 


Sec. 1308. Unlawful to Make a Fire or Burn Trash on 
Said Streets—lIt shall be unlawful for any person, firm or cor- 
poration to burn any trash or make any fire upon said streets, — 
or to use any fire thereon in any manner, or to heat the same, 
or to take any receptacle thereon, in which there is fire that 
is calculated to heat said pavement on said streets. (Code 
1904, Art. 702.) 


Sec. 1308a. Injuring Sidewalks—Any person who shall 
wilfully or maliciously tear up, injure, deface or destroy any 
sidewalk, or any portion thereof, shall be fined not less than 


Five nor more than One Hundred Dollars. (Code 1904, Art. 
715.) 


Sec. 1309. Livery Men Injuring Streets—That it shall be 
unlawful for any person or persons, being the owner of any 
livery, sale or feed stable, to keep, feed, clean, wash or allow 
to stand and stamp upon any pavement on the street in the - 
City of Houston, any horse, mule, or other animal; provided, 
however, that this section shall not apply to the ordinary use 
or usual stoppage of animals in harness and hitched to vehicles 
and in charge of a driver. (Code 1904, Art. 716.) 


Sec. 1310. Width of Tires to Prevent Injury to Pave- 
ments—That no person shall use, cause or suffer to be used, 
any wagon, cart or other vehicle of heavy draft upon any pave- 
ment or macadamized street, highway or other public place of 
the City of Houston for the purpose of drawing or hauling 
brick, sand, stone, ice, wheat, corn, flour, logs, lumber, coal, 
wood, iron, copper or other heavy material, unless the tires 
upon the wheels of such cart or other vehicle, when drawn by 
one or two horses or other animals, are at least three (3) 
inches in width; and by more than two horses or other ani- 
mals, are at least four (4) inches in width; but this section 
shall not apply to vehicles now in use in this city until the tire 
or felloes of such vehicle is repaired or worn out, or to ve- 
hicles used by farmers and gardeners, coming into the city 
with garden or farm products, or to vehicles used generally 


for the purpose of conveying persons or passengers. (Code 
1904, Art. 718.) 


Sec. 1311. Penalty—Any person violating or failing to 
comply with the provisions of the preceding section shall be 
punished by a fine of not less than One Dollar and not more 
than Fifty Dollars. (Id., Art. 719.) 


Sec. 1312. Hauling of Gravels, Etc., in Wagon—The haul- 
ing of gravel or broken rock, or kitchen slops, brewing mash 


of the City of Houston AT5 


and stable manure, is hereby prohibited over any of the streets 
in the City of Houston, in loosely constructed wagons which 
‘admit of said gravel, rock or filth dropping out upon the streets 
of the city, but said material and matter to be only hauled 
in wagons so constructed as to prevent any of its contents 
dropping upon any of said streets. (Id., Art. 457.) 


Sec. 1313. Penalty—Any person violating any of the pro- 
visions of the preceding section shall be fined any sum not 
less than One Dollar nor more than Twenty-five Dollars. (Id., 
Art. 458.) 


Sec. 1314. Unlawful to Throw Banana Peelings on Side- 
walks—It shall not be lawful for any person to throw any 
banana peeling on any sidewalk or street crossing. (Code 
1904, Art. 720.) 


Sec. 1315. Unlawful to Ride or Drive On or Across Side- 
walks—It shall be unlawful for any person to ride or lead any 
horse, or drive any team on or across the sidewalks, except 
at such places as may be constructed and used for that pur- 
pose. (Code 1904, Art. 721.) 


Sec. 1316. Throwing Articles from Roof or Upper Story 
—Any person who throws any article from the roof or an 
upper story of a house upon any street or sidewalk must be 
fined. (Code 1904, Art. 728.). | 


Sec. 1317. Any person or persons violating any of the 
previous sections of this article, where other penalty is not 
provided, shall be deemed guilty of a misdemeanor, and upon 
conviction thereof, shall be fined in any sum not more than One 
Hundred Dollars. (Sept. 5, 1905; Ord. Bk. 2, p. —, Sec. 1.) 


Sec. 1318. Throwing of Trash, Etc., on Sidewalks, Etc.; 
Fastening of Handbills to Poles, Etc.; Penalty—The throwing, 
depositing or placing of any stable manure, hulls. peelings, 
handbills or other deposits or litter upon sidewalks, streets or 
other public places in the City of Houston, and also the tying 
or otherwise posting or fastening of any handbills, advertising 
paper or other advertising device to any telegraph or telephone 
pole, fence, bridge or other structure upon or fronting or abut- 
ting upon or enclosing any of the streets, sidewalks or ways 
of the City of Houston, be and the same is hereby declared a 
nuisance, and any person violating this section shall be pun- 
ished by fine not less than One Dollar and not more than Five 
Dollars. (Amendment Art. 386, Oct. 30. 1905; Ord. Bk. 2, 
p. 241, Sec. 1.) 


A7T6 Revised Code of Ordinances 


Sec. 1319. Unlawful to Throw Trash on Sidewalks, Etc.— 
It shall be unlawful for any person to cast or throw any paper 
or other trash into or upon any public street or sidewalk or 
any part thereof of the City of Houston, and any person vio- 
lating this section shall be guilty of an offense, and on convic- 
tion thereof in the Corporation Court shall be punished as 
hereinafter provided. (Jan. 4, 1910; Ord. Bk. 2, p. 549, Sec. 1.) 


Sec. 1320. Unlawful to Permit Paper to Remain on Street, 
Etc.—It shall be unlawful for any person or corporation, the 
owner, lessee or occupant of any house, building or place front- 
ing on a public street of the City of Houston to permit any 
paper or trash to be or remain in said street opposite said 
premises at any point between the line of said property and 
the center of the street, and any person violating this section 
shall be guilty of an offense, and on conviction thereof in the 
Corporation Court shall be punished as hereinafter provided. 
(Id., Sec. 2.) 


Sec. 1321. Penalty—Any person, corporation or associa- 
tion violating any of the provisions of the next two preceding 
sections shall, on conviction thereof, be fined in the Corpora- 
tion Court in any sum not less than Five Dollars ($5.00) nor 
more than One Hundred Dollars ($100.00) for each offense. 
(Id., Sec. 3.) 


Sec. 1322. If Deposited in Galvanized Box, Etc., No Of- 
fense—Where a person deposits such trash, as under the ordi- 
nances of the City of Houston is removed by the city garbage 
wagons, within a galvanized iron box or receptacle upon the 
sidewalk for the purpose of being removed by such garbage 
wagons, shall not be guilty of any offense under the next pre- 
ceding sections. (lId., Sec. 4.) ; 


Sec. 1323. Parades Unlawful Without Permit; Penalty— 
That it shall be unlawful for any number of persons, or for 
any company or circus or theatrical troupe, to parade the 
streets of the City of Houston without having first obtained a 
permit from the Mayor of said city. 

That the granting of said permits shall be a matter for the 
discretion of the Mayor. That said permit, when granted, 
shall state the streets, avenues, alleys and thoroughfares over 
which said parade is granted permission to pass. That should 
the Mayor deem it advisable to grant a permit, as herein pro- 
vided, no fee shall be charged therefor. 


of the City of Houston ATT 


seaeciengee 


' That any person, company, corporation or troupe which 
shall undertake to parade the streets of the City of Houston 
without having obtained a permit, as herein provided, shall 
be guilty of a misdemeanor, and shall, upon conviction there- 
of in the Corporation Court, be fined in any sum not more 
than Two Hundred Dollars; provided, that each person en- 
gaged in such parade in violation of this section shall be 
deemed to have committed a separate offense, and shall be 
fined in any sum not greater than Two Hundred I GISEREE (Aug. 
it3;.1906:; Ord. Bk? p. 313, Seer.) 


Sec. 1324. Unlawful to Have Circus Parades from Ist to 
20th November; Penalty—It shall be unlawful for any circus, 
as defined in Section 897, to make or have a public parade on 
any of the streets of the City of Houston during that period 
of time from the first to the twentieth day of November of any 
year. (Oct. 21, 1907; Ord. Bk. 2, p. 450, Sec. 3.) 


Sec. 1325. Penalty—That any person, corporation, or an 
association of persons, or their agents or employees, who shall 
conduct or assist in any manner to violate the provisions of 
Section 1324, shall be fined not less than One Hundred Dollars 
($100.00) and not more than Two Hundred Dollars ($200.00) ; 
provided, that each exhibition and parade given in violation 
hereof shall constitute a separate offense. (lId., Sec. 4.) 


Sec. 1326. Unlawful to Permit Water from Hydrant on 
Sidewalk, Etc.—That it shall be unlawful for any person, firm 
or corporation to permit the water from any hydrant, sit- 
uated upon premises owned or controlled by such person, firm 
or corporation, to run upon and cause to become muddy and 
wet any sidewalk or street of the City of Houston. (Oct. 30, 
1906; Ord. Bk. 2, p. 335, Sec. 1.) 


Sec. 1327. Discharge of Water from Fountain, Etc.—No 
person shall cause or allow to be discharged from his prem- 
ises the water from any fountain or sink upon the surface 
or any part of any street or other public ground within the 
city, so as to cause a public nuisance by so doing. The Water 
Commissioner may, when in his judgment it is necessary, no- 
tify any person not to allow water from any fountain or sink 
on his premises to be discharged in violation of this section. 
(Id., Sec. 9.) 


Sec. 1328. Penalty—vViolation of the next foregoing two 
sections shall be punished, on conviction thereof, by a fine of 
not less than One Dollar and not more than One Hundred Dol- 


478 Revised Code of Ordinances 


lars, and shall also be liable for any damages to persons or 
property caused by reason of such violation. (ld., Sec. 20.) 


Sec. 1329. Governing Sweeping of Sidewalks—That it 
shall be unlawful for any person to sweep any sidewalk within 
the fire limits of the City of Houston, between the hours of 
7:30 o’clock and 9:00 o’clock a. m., and also between the hours 
of 5:00 o’clock and 9:00 o’clock p.m. (Nov. 22, 1909; Ord. 
Bke-2,-p. 499)-Sec.1,) 


Sec. 1330. Unlawful to Dry Sweep Sidewalks—That it 
shall be unlawful for any person to sweep any sidewalk within 
the fire limits of the City of Houston by the method known as 
“dry sweeping”’ at any time between the hours of 9:00 o’clock 
a. m. and 5:30 o’clock p. m. By “dry sweeping” is meant 
sweeping without the use of.water or other liquids to allay the 
dust in sufficient quantities to have that effect. (Id., Sec. 2.) 


Sec. 1331. Moist Sweeping Lawful—That moist sweeping 
by the use of dampened bits of paper, sawdust, tea leaves or 
other dampened materials equally effective shall be lawful dur- 
ing any hours of the day other than those prohibited in 
Section 13829. That is to say, moist sweeping is permit- 
ted between the hours of 9:00 o’clock a. m. and 5:00 o’clock 
p. m.; that dry sweeping is permitted from 9:00 o’clock p. m. 
throughout the night until 7:30 o’clock a.m. (ld., Sec. 3.) 


Sec. 1332. Penalty—Any person violating any provision 
of the three next preceding sections shall be deemed guilty of 
an offense and upon conviction thereof in the Corporation 
Court shall be fined in any sum not less than One Dollar 
($1.00) nor greater than Two Hundred Dollars ($200.00). 
(Id., Sec. 4.) | 


Sec. 1333. Regulating Use Stewart Avenue, Etc.—From 
and after the passage and approval of this ordinance Stewart 
Avenue from its intersection with Main Street to its intersec- 
tion with Courtlandt Boulevard and Courtlandt Boulevard and 
Lovett Boulevard to the intersection of the west line of Mont- 
rose Avenue, and Montrose Avenue throughout, shall be used 
only for light driving, and ‘it shall be unlawful to do or to 
cause to be done any heavy hauling on said streets within said 
limits, or to use the same for wagons, drays or trucks carrying 
coal, lumber, hay, iron, machinery, ice, beer, merchandise, 
farmers’ products, stone, brick, sand, earth, building material, 
baggage or express matter, heavy merchandise or other heavy 
material, or for driving cattle, horses, mules, hogs or sheep in 


of the City of Houston 479 


droves or herds, or for the passage of empty drays, wagons or 
trucks,:or other vehicles not having springs; provided, how- 
ever, that nothing herein contained shall be considered to re- 
strain the right to cross said streets at intersecting avenues, 
or to use the same within and to the extent of one block for 
the delivery of building materials, household supplies, coal, 
baggage, merchandise and farmers’ products at the premises 
on the block so used. (April 14, 1913; Ord. Bk. 3, p. 323, 
Sec. 1.) 


Sec. 1334. Penalty—Any person violating the provisions 
of the foregoing section shall, upon conviction thereof in the 
Corporation Court, be fined in any sum not less than One Dol- 
lar ($1.00) nor more than Twenty-five Dollars ($25.00) for 
each offense. (Id., Sec. 2.) 


Sec. 1335. Changing Name of Montgomery Avenue to 
North Main—That that public street of the City of Houston 
on the north side of Buffalo Bayou beginning at the north end 
of the viaduct and extending in a northwesterly direction to 
the north side of Boundary Street, now known and shown on 
the map as Montgomery Avenue, be and the name of the same 
is hereby changed between said points to and said public street 
shall hereafter be known as North Main Street. (July 7, 
1913; Ord. Bk. 3, p. 393, Sec. 1.) 


Sec. 1336. Changing Name of Willow Street to North 
San Jacinto—That the public street of the City of Houston on 
the north side of Buffalo Bayou beginning at the north end of 
the San Jacinto Street Bridge and extending in a northerly 
direction to its intersection with Liberty Avenue, now known 
and shown on the map as Willow Street, be and the name of 
the same is hereby changed between said points to and said 
public street shall hereafter be known as North San Jacinto 
Street. (Dec. 29, 1913; Ord. Bk. 3, p. 585, Sec. 1.) 


Sec. 1337. Removing Landmarks and Street Signs—Any 
person who removes any post, stake or other mark indicating 
the lines of any street or alley, or who pulls down, removes or 
defaces any board, sign or plate indicating the name of any 
street, must be fined not less than One nor more than One 
Hundred Dollars. (Code 1904, Art. 645.) 


480 Revised Code of Ordinances 


CHAPTER XLII. 


Taxes and Taxation. 


Article 1.—Levies, Etc. 
2.—Occupation. 
3.—Occupation (Liquor). 
4.—Assessor and Collector. 
5.—Rendition, Assessment, Etc. 
6.—Collection. 
7.—Delinquent Tax Attorney. 
8.-—Delinquent, Etc. 
9.—Miscellanecous Provisions. 


ARTICLE 1. 
LEVIES, ETC. 


Sec. 1338. Taxes to Be Levied—lIt shall be the duty of 
the City Council at its first meeting in February of each and 
every year to levy such ad valorem and occupation taxes as 
may be necessary to cover the expenses of the city govern- 
. ment for the current year; provided, however, that failure to 
levy such taxes at such meeting shall not prevent the same 
being levied at any subsequent meeting of said Council; and 
provided, further, that if the Council should fail or neglect to 
pass a tax ordinance for any one year, levying the taxes for 
that year, that the tax ordinance last' passed will be consid- 
ered in force, and the failure to pass such ordinance shall in 
no wise invalidate the collection of the tax. (Code 1904, 
Art. 1075.) 


Sec. 1339. City May Foreclose Lien Against Any Tax- 
payer—The tax levied by the city is hereby declared to be a 
lien, charge and encumbrance upon the property on which the 
tax is due, not only as against any resident of this State, but 
entitled to enforce and foreclose in any court having jurisdic- 
tion of the same, and the lien, charge and encumbrance on the 
property in favor of the city for the-amount of the taxes due 
on such property is such as to give the State courts jurisdiction 
to enforce and foreclose said lien on the property on which the 
tax is due, not only as against any resident of this State, but 
against persons who are non-residents of this State, or whose 
residence is unknown, and against the unknown heirs of any 


of the City of Houston A481 


persons who own the property on which the tax is due. (Id., 
Art. Tit.) 


Sec. 1340. All Property in Said City, Except Herein Spe- 
cially Exempted, Subject to Taxation—All property, real, 
personal or mixed, except such as may be hereinafter expressly 
exempted, is subject to taxation, and the same shall be rendered 
and listed in the manner prescribed by the general laws in 
regard to general State taxation, when applicable. The defini- 
tion of property and terms, as defined by the general laws un- 
der the head “Taxation,” and what is subject to taxation, as 
prescribed by the general laws of this State, shall apply to the 
taxation of this city. All taxes shall be payable at the office 
of the Assessor and Collector, and no demand by him shall 
be necessary or requisite to enforce the collection thereof by 
any proceedings herein prescribed, nor for any taxes due be- 
fore the passage of this act. (Id., Art. 1116.) 


AR LOW a2; 
OCCUPATION. 


Sec. 1340a. Duty to Pay Occupation Tax; Penalty—That 
it shall be the duty of every person, firm, association of per- 
sons, company or corporation pursuing a business, profession, 
occupation, avocation or calling within the limits of the City 
of Houston, during the year 1914 and each year thereafter 
until otherwise provided, upon which there is or may be levied 
an occupation tax by the City Council of the City of Houston 
before commencing or engaging in such business, profession, 
occupation, avocation or calling, or other taxable vocation, 
to procure a license from the Assessor and Collector of Taxes 
for said city to pursue the same, and the failure, neglect or 
refusal to procure said license shall be an offense against the 
City of Houston, and that any person so offending shall, upon 
conviction, be fined in the sum of Ten Dollars ($10.00) for 
each and every day such violation may have, or may thereafter 
be continued. (Feb. 5, 1914, Ord. Bk. 4, p. 154, Sec. 1.) 


Sec. 1341. Occupation Taxes—That there shall be levied 
and collected from every person, firm, company, corporation 
or association of persons pursuing any of the occupations 
hereinafter named, an annual occupation tax as hereafter 
specified, until otherwise ordained, which shall be paid annual- 
ly in advance, except when herein otherwise provided, on 
every such occupation or separate establishment; provided, 
that all licenses shall expire on the 31st day of December of 


482 Revised Code of Ordinances 


each and every year, and if the time for which said license 
is issued hereunder be for less time than one year, then said 
Assessor and Collector of Taxes shall collect for such fraction 
of a year at the rate fixed herein for one year. 

(a) Itinerant Merchants—From every merchant who may 
remove from place to place and offer for sale “bankrupt stocks” 
of goods, or advertise “fire sales” or “water and fire damaged 
stocks for sale’ for a limited period of time, there shall be 
collected Fifty Dollars ($50.00) per month for the first month 
or less than a month for each and every place where such 
business is located, and for each additional month at any given 
place Ten Dollars ($10.00) per month, provided that where 
they remain for six (6) months in one place, in addition to 
the Fifty Dollars ($50.00) charged for the first month, they 
shall pay an additional sum of Five Dollars ($5.00) per month. 

(b) Traveling Venders, Patent Medicine—From every 


traveling person selling patent or other medicines, Fifty Dol- 
lars ($50.00). | 


(c) Auctioneers—From every auctioneer an annual tax 
of Five Dollars ($5.00). 


(d) Ship Brokers and Agents—From every person, firm 
or association of persons following the occupation of ship 
_ brokers or ship agents, an annual tax of Five Dollars ($5.00). 

(e) Persons Selling on Commission—From every person, 
firm or association of persons selling on commission, Five Dol- 
lars ($5.00). 


(f) Itimerant Physicians, Etc.—From every itinerant 
physician, surgeon, oculist or medical or other specialist of 
any kind traveling from place to place in the practice of his 
profession, exclusive of dentists in the county of their resi- 
dence, an annual tax of Twenty-five Dollars ($25.00). 


(g) Shooting Gallery—From every person or firm keeping 
a shooting gallery at which a fee is paid or demanded, an 
annual tax of Fifteen Dollars ($15.00). 


(h) Billiard and Pool Tables—From every billiard or 
pool table or anything of the kind used for profit, Ten Dollars 
($10.00) ; and any such table used in connection with any 
drinking saloon or other place of business where intoxicating 
liquors, cigars or other things of value are sold or given away, 
or upon which money or other thing of value is paid, shall 
be regarded as used for profit. 


(i) Nine and Ten Pin Alleys—From every nine or ten 
pin alley, or any other alley used for profit, by whatever name 


of the City of Houston 483 


called, construed or operated upon the principle of a bowling 
alley as described in Section 9 of the revised State statutes, 
Fifty Dollars ($50.00). 


(j) Hobby Horses, Etc.—From all persons keeping and 
using for profit any hobby horse, flying jenny or device of 
that character with or without name, Seven Dollars and Fifty 
Cents ($7.50). 


(k) Peddlers—From every foot peddler, Two Dollars and 
Fifty Cents ($2.50) ; from every peddler with one horse or one 
pair of oxen, Three Dollars and Seventy-five Cents ($3.75) ; 
from every peddler with two horses or two pairs of oxen, 
Five Dollars ($5.00) ; provided, that nothing herein contained 
shall be so construed as to include traveling vendors of litera- 
ture or traveling vendors of poultry, vegetables, fruit or 
other country produce exclusively, and fruit trees exclusively. 


(1) Clock Peddlers—From every person or firm who 
peddles out clocks, agricultural implements, cooking stoves or 
ranges, wagons, buggies, carriages, surreys and other similar 
vehicles, washing machines and churns, an annual tax of One 
Hundred and Twenty-five Dollars ($125.00). 


(m) Theaters—From every theater or dramatic repre- 
sentation for which pay for admission is demanded or received, 
Two Dollars and Fifty Cents ($2.50) per day; provided, that 
theatrical or dramatic representations given by performers 
for instruction only, or entirely for charitable purposes, shall 
not be herein included; and provided, however, that this tax 
shall not be collected where the performances are exhibited 
in regularly recognized opera houses or theaters, but in lieu 
of said tax, the managers thereof shall pay an annual occu- 
pation tax of Twelve Dollars and Fifty Cents ($12.50). 


(n) Circuses—From every circus wherein equestrian or 
acrobatic feats or performances are exhibited, and pay for 
admission is demanded or received for each performance or 
exhibition where an admission fee of One Dollar is. charged, 
One Hundred and Twenty-five Dollars ($125.00); for each 
performance or exhibition where an admission fee of Seventy- 
five Cents is charged, One Hundred Dollars ($100.00) ; for 
each performance where Fifty Cents or !ess is charged, Fifty 
Dollars ($50.00) ; provided, that the amount of fee charged 
for reserved seats shall be considered as a part of such ad- 
mission fee; provided, that where there is a combination of 
circus and menagerie, or circus and other exhibition, the 
highest tax fixed by this section for any division or department 
of the combination shall be collected; provided further, that 


484 Revised Code of Ordinances 


—~— - 


every show or exhibition which advertises itself as a circus 
and menagerie or a combination of circus and menagerie, shall 
be held and be construed to be a circus and menagerie whether 
it be such or not. 


(0) Menagerie, Etc.—From every wax works, side show 
or exhibition whether connected with a circus or not where 
a separate fee for admission is demanded or received, Five 
Dollars ($5.00) for each performance or exhibition in which 
fees for admission are received. 


(p) Acrobatic Performances—From every exhibition 
where acrobatic feats are performed and an admission fee 
charged for profit, not connected with a circus or theater, 
Five Dollars ($5.00) for each performance. 


(q) Sleight of Hand Performances—From every sleight 
of hand performance or exhibition of legerdemain not con- 
nected with a theater or circus, Twelve Dollars and Fifty Cents 
($12.50). 


(r) Wax Works, Etc.; Exemptions—From every menag- 
erie, wax works or exhibition where a separate fee for ad- 
mission is demanded or received, Five Dollars ($5.00) for 
each day on which such admission fees are received; provided, 
that exhibitions by associations organized for promotion of 
art, science, charity or benevolence shall be exempt from 
taxation; and provided further, that persons who form a mu- 
seum composed entirely of the products of Texas shall have 
the right to exhibit the same for a fee without paying an 
occupation tax. 


(s) Concerts, Etc.; Exemptions—From every concert 
where a fee for admission is demanded or received, One Dol- 
lar ($1.00) ; provided, that entertainments when given by the 
citizens for charitable purposes, or for the support or aid of 
literary or cemetery associations are exempt. 


(t) Insurance Adjusters and General Agents—From each 
and every person acting as general adjuster of losses or agents 
of fire and marine insurance companies who may transact 
any business as such in this city, an annual occupation tax 
of Twenty-five Dollars ($25.00). By “general agent” is meant 
any person or firm representative of any insurance company, 
or who may exercise a general supervision over the business 
of such company in this city, or over the local agency in any 
subdivision of the city. 


(u) Lightning Rod Dealers and Canvassers—IFrom any 
person, firm or association of persons dealing in lightning rods, 


of the City of Houston 485 


an annual tax of Eighteen Dollars ($18.00), and upon each 
person canvassing for the sale of lightning rods, an annual 
tax of Fifty Dollars ($50.00). 


(v) Cotton Brokers, Factors and Commission Merchants 
—lKrom every person, firm or association of persons follow- 
ing the occupation of cotton broker, cotton factor or commis- | 
sion merchant, Seventeen Dollars and Fifty Cents ($17.50). 
A commission merchant in the meaning of this section is every 
person, firm or association of persons receiving country prod- | 
uce, horses, cattle, sheep, hogs, grain, corn, hay, lumber, 
shingles, wood, coal, goods, wares and merchandise, or any- 
thing else for sale to be Accounted for to the owner when sold 
and charging a commission therefor. 


(w) Pawnbrokers—From every pawnbroker, an annual 
tax of Seventy-five Dollars ($75.00). 


(x) Sewing Machine Dealers—From every person, firm, 
agency or association of persons dealing in sewing machines, 
an annual tax of Seven Dollars and Fifty Cents ($7.50). 


(y) Gas Companies—From every gas company manu- 
facturing gas, Seventeen Dollars and Fifty Cents ($17.50). 


(z) Electric Light Companies—From electric light com- 
panies operating electrie light plants, Seventeen Dollars and 
Fifty Cents ($17.50). 


(a-a) Skating Rmks—From each and every owner or 
keeper of skating rinks used for profit, Twelve Dollars and 
Fifty Cents ($12.50). 


(b-b) Base Ball Parks—From every manager of a base 
ball park where an admission fee is charged, Twelve Dollars 
and Fifty Cents ($12.50). 


(c-c) Wholesale Ice Dealers—From every person or cor- 
poration who are wholesale dealers selling imported or home- 
made ice to the trade to be sold again, Twenty-five Dollars 
($25.00). 


(d-d) Street Car Companies—F rom every street car com- 
pany, One Dollar ($1.00) per mile on each mile of track owned 
by said company or corporation within the city limits. 


(e-e) Phonographs, Etc.—From every owner or manager 
of every phonographic, electric battery, graphophone or other 
like instrument, where a fee is charged, an annual tax of 
Twelve Dollars and Fifty Cents ($12.50) ; provided, that when 
an electric battery shall be used by a regular physician no 


tax shall be charged. 
38 


486 Revised Code of Ordinances 


(f-f) Moving Picture Shows—From every owner or keep- 
er of kinetoscope, cinematograph or other similar machines 
or instruments used for profit, showing the life-like motions 
of persons or animals, an annual occupation tax of Twelve 
Dollars and Fifty Cents ($12.50). 

(g-g) Panorama or View Shows—F rom each owner, man- 
ager or keeper of every panorama or view show used for 
profit, exhibiting in wagon, room or tent, or elsewhere, an 
occupation tax of Five Dollars ($5.00). 

(h-h) Medicine Shows, Etc.—From every owner, manager 
or keeper of every show or company of persons giving exhibi- 
tions of music, songs, recitations, sleight of hand, gymnastics, 
dancing or other kind of performance, which said exhibitions 
are used for profit by sale of medicines, electric belts or other 
articles of value, whether charge is made only for seats or 
not, an annual occupation tax of Twenty-five Dollars ($25.00). 


(i-i) Brokers—From every person, firm or association of 
persons selling on commission, Twenty-five Dollars ($25.00) ; 
this subsection is intended to cover every person, firm or 
association of persons selling on samples only and who do not 
carry any stock of merchandise, or anything else on hand. 


(j-j) Cigarette Dealers—From all dealers in cigarettes, 
the sum of Five Dollars ($5.00) per annum; provided, that 
the license shall describe the house and locality where the 
dealer proposes to sell cigarettes. 


(k-k) Cannon Crackers, Etc.; Dealers in—From every 
person, firm or corporation engaged in selling cannon crackers 
or toy pistols used for shooting or exploding cartridges, an 
annual tax of Two Hundred and Fifty Dollars ($250.00). 


By the term cannon cracker is meant any fire cracker or 
any other combustible package more than two (2) inches in 
length and more than one (1) inch in circumference, commonly 
sold and exploded for purposes of amusement. (lId., Sec. 2.) 


Sec. 1342. Assessor to Give Receipt—Upon payment of 
any occupation tax to the Assessor and Collector, he shall give 
a receipt therefor, which shall show the date of payment, the 
amount and by whom paid, and the time and purpose for which 
the tax has been paid. Said receipt shall be countersigned 
by the Mayor, and the stubs thereof shall be preserved as 
hereinbefore provided. (Code 1904, Art. 1125.) 


Sec. 1343. Occupation License to Be Posted, Etc.; Pen- 
alty—lIt shall be the duty of every person, firm, association 


_ of the City of Houston 487 


of persons, company or corporation doing business within the 
City of Houston, to have hung or posted in their office or place 
of business, in a conspicuous place, the certificate of the col- 
lector or license as hereinbefore provided. Any person who 
shall fail to comply with the provisions of this section shall 
be fined in any sum not exceeding Ten Dollars ($10.00). 
(Feb. 5, 1914, Ord. Bk. 4, p. 154, Sec. 3.) 


Sec. 1344. Must Post License Conspicuously—It shall be 
- the duty of every person liable to occupation license tax, and 
pursuing his occupation at a fixed place, to keep his license 
conspicuously posted or exhibited at his place of business, and 
every person liable to license or occupation tax shall exhibit 
his or her license whenever he or she is called upon to do so 
by the City Assessor and Collector, or his duly authorized 
agent or employee, the Chief of Police, Deputy Chief of Police, 
or any member of the police force, or to any special inspector 
duly appointed by the City Controller. Any person who fails 
or refuses to show his license or exhibit same to the Assessor 
and Collector, or his duly authorized agent or employee, the 
Chief of Police, Deputy Chief of Police, or to any member 
of the city police force, or to any special inspector appointed 
by the City Controller, as prescribed in this section, shall 
be guilty of an offense, and shall be arrested and fined not 
less than Ten Dollars ($10.00) for each time he so fails or 
refuses to post or exhibit the same as prescribed in this section. 
(Code 1904, Art. 1127.) 


Sec. 1345. Duty of Assessor and Collector and Chief of 
Police to Enforce the Provisions of This Chapter—It shall be 
the duty of the Chief of Police and City Assessor and Col- 
lector to see that the provisions of this chapter relating to 
occupation taxes are strictly complied with, and forthwith to 
present to the Judge of Corporation Court any person vio- 
lating the same. (Id., Sec. 1126.) 


Sec. 1346. Prosecution Dismissed upon Payment of Tax 
and Costs—Any person prosecuted for the nonpayment of 
occupation taxes under the provisions of this article or any 
other ordinance, may have said prosecution dismissed upon 
the payment of the tax due together with the costs that may 
have accrued in the Corporation Court against him. (Feb. 5, 
1914, Ord. Bk. 4, p. 154, Sec. 4.) 


488 Revised Code of Ordinances 


ARTICLE 3. 
OCCUPATION (LIQUOR). 


Sec. 1347. Spirituous, Vinous and Malt Liquor Dealers; 
Tax to Be Collected—That hereafter, until otherwise or- 
dained, there shall be collected from every person, firm or 
association of persons selling spirituous, vinous or malt liquors 
or medicated bitters, within the City of Houston, Texas, an 
annual tax on each separate establishment, as follows: 


For selling spirituous, vinous or malt liquors, or medicated 
bitters, capable of producing intoxication, in quantities of 
one galion or less than one gallon, One Hundred and Eighty- 
seven and 50/100 Dollars ($187.50) ; for selling spirituous, 
vinous or malt liquors or medicated bitters, capable of pro- 
ducing intoxication, in quantities of one gallon or more than 
one gallon, One Hundred and Eighty-seven and 50/100 Dol- 
lars ($187.50); for selling malt liquors exclusively, Thirty- 
one and 25/100 Dollars. ($31.25). (July 12, 1909, Ord. Bk. 2, 
p. 517, Sec. 1.) | 


Sec. 1348. Application for License; Contents; Must Be 
Sworn to; Procedure Thereafter; License Granted or Refused 
When; Revoked When; Taxes Paid in Advance; License to 
Be Posted, Etc.—That every person, firm, corporation or 
association of persons desiring to engage in the sale of spirit- 
uous, vinous or malt liquors, or medicated bitters, in the City 
of Houston, as set forth in Section 1347 shall, before com- 
mencing the sale of such liquors or medicated bitters, file with 
the Secretary of the city an application, under oath, for li- 
cense to engage in the sale of such liquors or bitters; said 
application to be made upon a form to be furnished said ap- 
plicant by the Secretary and which shall designate the place 
where it is proposed to carry on the sale of such bitters, 
giving the street and number of the house and quantity which 
the applicant proposes to sell, whether one gallon or more, 
or one gallon or less than one gallon, or whether he or they 
desire to sell malt liquors exclusively, and shall also state in 
said application whether said liquors or medicated bitters are 
to be sold to be drunk on the premises; and if the applicant 
is a retail dealer, said application shall further state that the 
applicant is a law-abiding, taxpaying male citizen of the State 
of Texas, over the age of 21 years, and has been a resident 
of the county wherein such license is sought for more than 
two (2) years before the filing of such petition; that his li- 


of the City of Houston 489 


cense as a liquor or malt dealer has not been revoked or for- 
feited within five years next before the filing of such petition; 
and if the place of business be in any block or square of the 
City of Houston where there are more bona fide residences 
than there are business houses in said block or square, or 
in any block or square where there is a church or school, then 
said petition shall state that the applicant has the written 
consent of a majority of the bona fide householders or residents 
in said block or square who have resided for at least six 
months preceding such application and those within three 
hundred (3800) feet of such place of business. 

And every application by whomsoever made shall further 
state that the applicant has not carried on any such business 
after the expiration of any license previously issued and 
without having received a new license for such purpose; and 
shall further state that the place where such business is to 
be conducted is not situated in any house or building used 
for the purpose of prostitution or as a house of. assignation, 
or as a house of ill-fame or gambling house or disorderly house, 
or to be used for such purpose; and shall state generally 
that the applicant is in all respects qualified by law to conduct 
the business in the particular place. Said application shall 
further state (where the proposed place of business is not a 
business block) that same is not within three hundred feet of 
a church, school or other educational or charitable institution. 
Each applicant shall further state that I, or we, and each of 
us are not disqualified under the laws of the State from en- 
gaging in the proposed business; that no other person or 
corporation is in any manner interested in the proposed busi- 
ness; that I, or we, have not since the Ist day of May, A. D. 
1909, as owner or as representative, agent or employee of any 
other person, kept open any saloon or place of business where 
spirituous, vinous or malt liquors, or medicated bitters, capable 
of producing intoxication, were sold, or sold, aided or advised 
any other person in selling in or near any such house or place 
of business any such liquor after 12:00 o’clock midnight on 
Saturday, and between that hour and 5:00 a. m. on the follow- 
ing Monday of any week; and have not since the Ist day of 
July, 1918, as owner or as representative, agent or employee 
of any other person, kept open any saloon or place of business 
where spirituous, vinous or malt liquors or medicated bitters 
capable of producing intoxication, were sold, or sold, aided or 
advised any other person in selling in or near any such house or 
place of business any such liquor after 9:30 o’clock p. m. on 
Saturday and between that hour and 6 o’clock a. m. of the 


A490 Revised Code of Ordinances 


following Monday of any week, or between the hours of 9:30 
o’clock p. m. and 6 o’clock a. m. of the following morning of 
any week day, or since said date, either in person or by agent 
or employee knowingly sold or permitted to be sold or given 
away in or near any such place of business any spirituous, 
vinous or malt liquors or medicated bitters capable of produc- 
ing intoxication, to any person under the age of 21 years, 
or to any student of any institution of learning, or to any 
habitual drunkard after having been notified in writing 
through the Sheriff or other peace officer by the wife, sister, 
father, mother or daughter of such person not to sell to such 
habitual drunkard, or permitted any person not over the age 
of 21 years of age to enter and remain in such house or place 
of business, or permitted any games prohibited by the laws 
of the State to be played, dealt or exhibited in or about such 
house or place of business; or rented or let any part of the 
house or place of business in which such business is conducted 
to any person or persons for the purpose of conducting any 
game or games prohibited by the laws of this State; or 
knowingly sold or given away any adulterated or impure 
liquors of any kind, or sold or permitted or aided or advised 
in selling under a retail malt dealer’s license any other liquor 
than those defined by the law as malt liquors. And if the 
permission herein sought to be granted and the said retail. 
license be issued, I or we will not, in person or knowingly 
by any agent, employee or representative, during the period. 
for which such license shall run, do any of the things which 
I or we have above sworn that I or we have not done since 
July 1st, 1913; and I will during the period this license has 
to run abide by and not violate the laws governing said 
business, and it is hereby agreed that if the license applied for 
be issued that the same will be issued upon condition that it 
shall remain in force only so long as I or we observe and 
carry out each and all of the declarations herein made; and 
that in the event I or we violate any of the promises, or do 
or perform any one or more of the acts which it is herein 
declared shall not be done or performed, then in such event 
the City Council of the City of Houston may rescind, cancel 
and annul the said city license granted in pursuance of this 
application, and that all money paid for such license shall be 
forfeited to the city; and that I or we will at once, upon the 
cancellation of such license, close up the place where such 
business is being conducted and cease to do such business, and 
the applicant shall state whether or not he has heretofore been 
in the liquor business, and if so, where and for what period 


of the City of Houston 491 


of time. , The applicant shall further state that his license, 
either as a retail liquor dealer or retail malt dealer, has not 
been revoked or forfeited within five years before his appli- 
cation for license, and that he has not had in his employ in 
his business as a retail liquor dealer or retail malt dealer, 
any person whose license has been revoked or forfeited within 
five years next before the filing of such application; and 
further, that he has not carried on any such business after 
the expiration of a license previously issued and without 
having received a license for such purpose. Such application 
shall be duly sworn to by each applicant therefor in person. 
The City Secretary shall then refer the said petition to the 
Mayor and Aldermen, and the Mayor and Aldermen shall 
investigate into the facts stated in said petition, and if they 
are found to be true, the Mayor shall direct the Secretary 
to issue a certificate, countersigned by the Mayor, showing 
that such application has been made as herein provided, and 
that the applicant is entitled, on payment of the proper tax, 
to his license as a liquor dealer in the City of Houston; and 
thereupon, and not before, there shall be issued by the Assessor 
and Collector of Taxes, a license to said applicant upon the 
payment of the annual tax levied herein, or such portion there- 
of as will pay for said license to the 3lst day of December. 
If the facts stated in said application are found by the Mayor 
and Council to be not true, then the Secretary shall in no 
event issue the certificate aforesaid, nor shall license issue to 
the applicant or any occupation tax be collected from him as 
a liquor dealer. Any person.who applies for a permit under 
this article and who shall have previously conducted a saloon 
in the city and whose establishment has been a loafing place 
for disorderly characters or criminals, or a common resort 
for disorderly persons or for criminals, or for prostitutes, 
or coke fiends, or thieves, or other low and degraded characters, 
or who in the conduct of his establishment has not respected 
the laws and ordinances of the city; or who shall have given 
aid, comfort or assistance to violators of the law, or shall 
have been found in possession of stolen goods, shall not be 
considered a law-abiding citizen, nor shall any permit be issued 
to him by the City of Houston, nor shall any tax be received 
from him as a liquor dealer. Should the Mayor and Council 
ascertain at any time after the issuance of said license that 
the statements made in said application are false; or should 
anything occur after the issuance of such license which would 
under the general laws of the State authorize the revocation 
of a State license, the Mayor and Council shall thereupon, 


492 Revised Code of Ordinances 


after notice to the holder of such license, investigate into the 
facts, and if they find such delinquency to exist, they shall 
cancel such license, and thereafter it shall be unlawful for such 
holder to conduct such business in the City of Houston, the 
same as if no license had ever been granted to him. 


All taxes herein levied shall be paid in advance. All licenses 
issued hereunder shall be posted in a conspicuous place in the 
place of business of said licensee, and a failure to so post the 
game will subject the licensee to all the penalties as if same 
had not been issued. (Amendment Jan. 28, 1914, Ord. Bk. 4, 
De hig. 5ec. 12) 


Sec. 1349. Hearing on Application; When Mayor and 
Aldermen Not Satisfied; Action by Mayor—Should the Mayor 
and Aldermen, on investigation of any application for license, 
not be satisfied of the truth of the facts stated in the petition 
therefor, or not be satisfied that the applicant is entitled to 
the license prayed, then before finally deciding that the ap- 
plicant is not entitled to said license the Mayor and Aldermen 
shall indicate in writing by a document filed with the City 
Secretary, the objections to the issuance of the license and 
shall therein designate a day and place on which the applicant 
can offer evidence before the Mayor and Aldermen in support 
of the allegations of his application. The applicant shall at 
said hearing offer any evidence he may have as to said ob- 
jections, and the Mayor and Aldermen may hear any other 
evidence. After said hearing has been had the Mayor and 
Aldermen shall, within some reasonable time thereafter, de- 
cide whether or not the applicant is entitled to receive said 
license, and if they so decide, the Mayor shall direct the Secre- 
tary to issue the certificate prescribed in Section 1348, and 
if said petition is denied, an endorsement shall be made to 
that effect upon the petition for license. (July 12, 1909, Ord. 
Bk. 2, ‘p.'517, Sec. Za.) 


Sec. 1350. Licenses Not to Be Issued for Longer Than 
One Year; Expire 31st Day of December; Licenses to State, 
What—That no license hereunder shall be issued for a period 
longer than one year, but if the time for which said license 
is issued hereunder shall be less than one year, then said 
license shall expire on the 31st day of December, and the Col- 
lector shall collect for such fraction of a year at the propor- 
tionate rate fixed herein for one year. The license shall state 
the time for which it is issued, the particular building, number 
and location, name of the licensee, and the quantities allowed 
to be sold, which shall be valid and effective only at the place 


of the City of Houston - 493 


— 


of the person and in quantities as stated herein, and shall not 
be subject to transfer except as herein provided. (ld., Sec. 3.) 


Sec. 1351. Transfer of License; Sale License under Exe- 
cution—That if any person, firm or corporation, or association 
of persons, shall have obtained a license hereunder and desire 
to tranfer same to some other person, firm or corporation, 
or association of persons, such transfer may be made by 
presenting the application therefor to the Secretary, and there- 
‘upon the assignee shall make application for license, as pro- 
vided in this article, in the same manner as if he had been 
the original applicant, and the same proceedings shall be had 
on said application of the assignee; and if the Mayor and Coun- 
cil find that the said assignee is entitled to be licensed, then the 
Secretary shall thereupon furnish a certificate of such applica- 
tion and finding of the Mayor and Council, countersigned by 
the Mayor, and upon presentation of such certificate and 
license having the transfer endorsed upon the face thereof, 
the Assessor and Collector shall endorse his approval of such 
transfer on the face of the license; but such license shall not 
be assignable or transferable more than once; provided 
further, that the sale of such license, whether in the name of 
the original licensee or assignee, may be made under execution 
or mortgage, and the purchaser of such license at such sale 
shall have the right to surrender such license to the city which 
issued the tax receipt, which is the basis therefor, and shall re- 
ceive therefor the pro rata unearned portion of such license. 
(Id., Sec. .4.) 


Sec. 1352. Refund Unused Portion License—A refund of 
the unused portion of any city liquor license shall be allowed 
in all cases where it is allowed by the general law in case of ' 
a State license. (Id., Sec. 5.) 


Sec. 1353. Change of Place of Business—And any person, 
firm, corporation or association of persons having obtained a 
license and desiring to change the place where sales may 
be made, may have such change made by applying to the City 
Secretary, as in case of an original application, as provided 
in this article, and such application shall be referred to the 
Mayor and Council, and the same proceedings shall be had 
as if it were an original application, but no additional pay- 
ment shall be required for such change, but if the Mayor and 
Council authorize such permit, same shall be certified by the 
City Secretary, countersigned by the Mayor, to the City Tax 
Collector, and thereafter the change shall be lawful. (Id., 
Sec. 5.) 


A494 Revised Code of Ordinances 


Sec. 1354. Number of Licenses Limited—The City of 
Houston shall not issue licenses in excess of the number 
actually issued and existing on the 20th day of February, 1909, 
unless such number of licenses is less than one for each 500 
inhabitants; in which event the city shall, if applied for, issue 
licenses not exceeding one for each 500 inhabitants of the 
city. In case the number of licenses issued and existing on 
the 20th day of February, 1909, is in excess of one for each 
500 inhabitants of the city, the number of licenses existing on 
the 20th day of February, 1909, as applied for shall be granted, 
but that number shall not be increased until the number of 
inhabitants of the city increases to the extent that the li- 
are less than one for each 500 inhabitants; but the provisions 
of this section do not apply to hotels now in existence, or which 
may hereafter be opened when located in the business section 
of the City of Houston; and providing that in granting li- 
censes as a retail liquor dealer or retail malt dealer, the City 
Council shall give preference to those applicants who apply 
for a permit to do business at the places and locations in the 
censes issued and actually in existence on February 20th, 1909, 
City of Houston where permits have heretofore been issued 
and granted. (lId., Sec. 6.) 


Sec. 1355. Penalty—No person shall engage in the sale of 
spirituous, vinous or malt liquors, or medicated bitters, capable 
of producing intoxication, in the City of Houston, unless such 
person shall have paid the tax and possess the license of the 
City of Houston, prescribed in this article, and unless such 
person shall comply in all respects with the terms of this 
article, and any person, firm, corporation or association of 
persons who shall violate any provision or provisions of this 
article shall be deemed guilty of an offense, and upon convic- 
tion shall be fined in the sum of not less than Ten Dollars 
($10.00) nor more than Two Hundred Dollars ($200.00) for 
each violation of this article, and each day that sales of spir- 
ituous, vinous or malt liquors or medicated bitters, capable of 
producing intoxication, are made, and each day that said place 
of business for selling spirituous, vinous or malt liquors or 
medicated bitters, capable of producing intoxication, is kept 
open, in violation of this article, shall constitute a separate 
offense. (Id., Sec. 7.) 


Sec. 1356. Payment U. S. Tax Prima Facie Evidence— 
That the payment of the United States special tax or State 
tax, as a seller of spirituous, vinous or malt liquors, shall be 
prima facie evidence that the persons, firm, corporation or as- 


of the City of Houston 495 


sociation of persons paying such tax are engaged in selling 
such liquors. (Id., Sec. 8.) 


Sec. 1357. Secretary to Keep Record, Etc.—That the Sec- 
retary is hereby required to keep a book showing all applica- 
tions to him for licenses, and for transfers thereof and changes 
of location, which book shall show the date of application, the 
person, firm or corporation or association of persons by whom 
such application is made, and the place where such business 
is carried on, and the Assessor and Collector of Taxes is re- 
quired to keep a book which shall show when and to whom 
licenses are issued, and where sales thereunder are to be made, 
and all transfers and changes and details thereof. (Id., Sec. 9.) 


AR TICE H.4, 
ASSESSOR AND COLLECTOR. 


Sec. 1358. Creation of Offices; Appointment; Compensa- 
tion—That there is hereby created the office of Assessor and 
Collector of Taxes of the City of Houston, who shall be ap- 
pointed by the Mayor and confirmed by the City Council, and 
who shall hold the office without fixed term, subject to removal 
at any time, and who shall receive a salary of $3600.00 per 
annum, payable monthly in equal payments. (Jan. 28, 1914; 
Ord: Bk. 4, p: 72; Sec. 1.) 


Sec. 1359. Creation of Offices; Oath; Bond—That such 
Assessor and Collector, before entering upon the discharge of 
the duties of his office, shall take an oath of office to the effect 
that he will faithfully and impartially discharge and perform 
all the duties of such office of Assessor and Collector of Taxes, 
and he shall execute and deliver to the City of Houston, and 
thereafter when required so to do by the Mayor, a bond in the 
sum of $20,000.00, payable to said City of Houston, with at 
least three good and sufficient sureties or a surety company, 
authorized to do business in Texas, to be approved by the 
Mayor, conditioned, that the said Assessor and Collector of 
Taxes shall faithfully perform and discharge all the duties 
now or which may hereafter be required of him by law, or by 
the Charter and ordinances of the City of Houston, or-by the 
Mayor or by the City Council in administrative session, and 
pay over and properly account for all moneys received or col- 
lected by him as such Assessor. and Collector of Taxes and for 
the discharge of any and all duties imposed upon him in con- 
nection with said office, which said bond shall provide that all 
the conditions of same are to be performed in Houston, Harris 


496 Revised Code of Ordinances 


County, Texas, and that any suit prosecuted and maintained 
thereon shall be prosecuted and maintained in said Harris 
County, Texas, and that in case of a recovery thereon, that the 
obligors thereof agree to pay the expense incurred by or im- 
posed upon the said City of Houston in or about the collection 
thereof, including attorney’s fees, and that said bond shall 
not become void until the whole amount thereof has been ex- 
hausted. (lId., Sec. 2.) 


Sec. 1360. Deputies; Appointment; Oath; Bonds; Duties; 
Salary—That there shall be such deputy Assessors and Col- 
lectors as may be appointed by the Mayor, who, before taking 
the said office, shall take the above oath of office and such 
deputies who receive, collect or handle moneys shall execute 
and deliver to the City of Houston, payable to said City of 
Houston and the Assessor and Collector of Taxes, in such sum 
as may be fixed by the Mayor with at least three (8) good and 
sufficient sureties or a surety company, authorized to do busi- 
ness in Texas, to be approved by the Mayor, their bonds con- 
ditioned as and containing the obligations provided for in the 
case of the Assessor and Collector of Taxes, and containing the 
further provision that in case there should be a _ recovery 
against the said Assessor and Collector, on his official bond, or 
he should be required to pay out any moneys by reason of any 
act of such deputy, that then such Assessor and Collector may 
maintain and prosecute and be entitled to recover judgment 
upon said bond of said deputy for the amount or amounts so 
recovered against him, or paid out by him as aforesaid. That 
such deputy shall do and perform all the duties imposed upon 
and required of said Assessor and Collector, except the receipt 
and collection of money, which additional authority is con- 
ferred upon him when he has given said bond, and shall re- 
ceive such salary as the Mayor and City Council may fix, and 
their acts in reference to any of the matters referred to shall 
be as authoritative and binding as though performed by said 
Assessor and Collector in person. (Id., Sec. 3.) 


Sec. 1361. Assessor, Etc., Power to Administer Oaths— 
That such Assessor and Collector and his deputies and the 
chairman of the Board of Appraisement and the Land and 
Tax Commissioner are authorized and empowered to admin- | 
ister all oaths necessary to obtain a full and complete assess- 
ment of all taxable property situated within the limits of the 
City of Houston. : 


Sec. 1362. Further. Duties—That such Assessor and Col- - 
lector of Taxes and the chairman of the Board of Appraise- 


of the City of Houston 497 


ment and the Land and Tax Commissioner shall do and per- 
form all the duties prescribed, defined and specified in the 
Charter, Article 3, Section 4, to be done and performed by the 
Assessor and Collector, or other officer or employee desig- 
nated by the City Council and by the existing ordinances of 
the City of Houston, or those hereafter passed providing for 
the rendition and assessment of property in said city for taxes. 
(Id., Sec. 4.) 


Sec. 1363. Assessor and Collector to Receive and Collect 
Taxes and Moneys, Etc.; Further Duties—That the Assessor 
and Collector shall also be the receiver and collector of all 
taxes levied and assessed by the City of Houston and all other 
moneys due and owing to the City of Houston, unless other 
provision is made for such collection and receipt by some ordi- 
nance, and all of the fees and moneys collected by any officer, 
department or employee of the City of Houston for or on behalf 
of, or for the benefit of said city. That said Assessor and Col- 
lector shall also do and perform all those acts recited and 
named in said Article III of the Charter to be done and per- 
formed by the Assessor and Collector of Taxes, or such officer 
or employee as may be designated therefor by the Council, and 
‘such other and further duties as may be placed upon him by 
ordinances or by the Mayor or by the City Council in admin- 
istrative session. That said Assessor and Collector shall pay 
over daily to the Treasurer of said City of Houston all moneys 
received and collected by him belonging to, or for, or on behalf 
of, or for the benefit of the said City of Houston, and shall 
take the receipt of the Treasurer therefor. (Amendment Feb. 
11, 1914; Ord. Bk. 4, p. 144, Sec. 1.) 


Sec. 1364. Assessor and Collector Executive Head of Of- 
fice, Etc.—That such Assessor and Collector shall be the head 
of the office and all deputy Assessors and Collectors and em- 
plcyees of said office shall be under his direction, control and 
supervision. (Jan. 28, 1913; Ord. Bk. 4, p. 72, Sec. 7.) 


Sec. 1365. Perpetuation of Proceedings; Assessor to Fur- 
nish Copy of Roll at the Rate of 15 Cents Per 100 Words— 
The City Assessor and Collector is hereby authorized, and it 
shall be his duty, to furnish a copy of any assessment sheet, 
or any page of said Assessment or Delinquent Rolls referred to 
in this chapter, at the request of any person, on payment of a 
fee of fifteen cents per hundred words, and each figure shall. 
be counted as a word, and he shall attach to such copy a cer- 
tificate, under the seal of his office, certifying the same to be 


498 Revised Code of Ordinances 


a true and correct copy of such page or sheet, and full faith and 
credit shall be given in all courts to the same when thus au- 
thenticated by him. And all certificates made and entered 
in the minutes of the proceedings of said City Council, pro- 
vided for in this chapter, or copies of the same, certified to 
by the City Secretary, shall be prima facie evidence of the truth 
of the matters therein recited, and shall be deemed sufficient 
to establish and perpetuate the evidence of such facts, as pro- 
vided for in the Charter of said city. (Code 1904, Art. 1122.) 


Sec. 1366. Collection of Taxes on Personal Property; City 
May Seize Property for Taxes—It shall be the duty of the 
Assessor and Collector, on the refusal of any person to pay 
the taxes levied upon the personal property owned by him, to 
seize and take into his possession as much of the personal 
property subject to taxation under the laws of the State of 
Texas, belonging to said delinquent taxpayer, as may be suf- 
ficient to pay the taxes upon the personal property due from 
such taxpayer, as Shown on said assessment rolls, and he shall 
sell the same at public auction to the highest bidder, at the 
door of the Market House hall, on giving ten days’ notice of 
the time and place of such sale by notice duly posted at three 
public places in said city, one of which shall be at the door of 
said Market House hall. (Id., Art. 1123.) 


Sec. 1367. Miscellaneous Provisions; Assessor and Col- 
lector to Make Monthly Reports—The City Assessor and Col- 
lector shall make monthly reports to the City Council at its 
first regular meeting in each month, showing the amount of 
ad valorem taxes, occupation taxes and license fees which have 
been collected by him for the previous month. Said report 
shall be in writing, under oath, and shall show the kind and 
character of collections made by him, and whether said taxes 
and licenses have been collected in money, scrip, coupons or 
certificates of indebtedness, and what disposition he has made 
thereof. (Id., Art. 1128.) 


ARTICLE 5. 
RENDITION, ASSESSMENT, ETC. 


Sec. 1368. Inventory and Appraisement of Property for 
Taxation—Immediately after the first day of January in each 
and every year it shall be the duty of the Assessor and Collec- 
tor of Taxes to prepare a list in which he shall write in separ- 
ate columns and in alphabetical order, the names of all per- 
sons owning property on said first day of January subject 


of the City of Houston 499 


to taxation within the corporate limits of the City of Houston. 
(Code 1904, Art. 1074.) 


Sec. 1369. Must Take Inventory of Persons Appearing 
Before Assessor—It shall be the duty of the Assessor and 
Collector, or his authorized deputy, or the chairman of the 
Board of Appraisement or the Tax and Land Commissioner, 
between the first day of January and fifteenth day of April 
of each and every year, between the hours of 9:00 a. m. and 
12 m., and from 2:00 to 5:00 p. m., to take at his office from 
any person who may appear before him, a complete list or 
inventory of: such person’s taxable property, and of all prop- 
erty subject to taxation by the laws of the State of Texas and 
by the ordinances of the City of Houston, held or controlled 
by such person as agent or attorney, trustee, guardian, execu- 
tor or administrator; but assessments taken on other days and 
between other hours than those herein specified shall be valid. 
(Amendment Art. 1075, Feb. 9, 1914; Ord. Bk. 4, p. 114, 
Sec. 1.) 


Sec. 1370. Duty of Property Owners to Assess Property 
Between Ist of January and Ist of March of Each Year— 
It shall be the duty of every person owning, holding or con- 
trolling property within the limits of the City of Houston, 
subject to taxation under the laws of the State of Texas, and 
the ordinances of the City of Houston, to render to the Assessor 
and Collector of said city, at his office in said city, or his au- 
thorized deputy, or the chairman of the Board of Appraise- 
ment, or the Tax and Land Commissioner, annually between 
the first day of January and the first day of March and be- 
tween the hours prescribed in the next preceding article, a full 
and complete list or inventory of all property so owned, held 
or controlled by such person or corporation, either as agent 
or attorney, trustee, guardian, executor or administrator, and 
to take and subscribe to an oath as to the correctness of such 
list or inventory as prescribed in Section 1375, and any person 
or corporation who shall fail to thus render in his or its prop- 
erty for taxation as provided for above, before the same be 
placed on the Unrendered Roll, shall, when especially requested 
in person so to do by the Assessor and Collector, or his author- 
ized deputy, or the chairman of the Board of Appraisement, 
or the Land and Tax Commissioner, be deemed guilty of an 
offense, and shall be fined in a sum not less than One nor more 
than One Hundred Dollars. (Amendment Art. 1076, Id.) 


500 Revised Code of Ordinances 


Sec. 1371. Property to Be Listed on Blanks Furnished by 
City—All property rendered in for assessment by the owner 
thereof, or by any person rendering the same, shall be listed 
and appraised on assessment sheets ruled and lettered in con- 
venient form to comply with the requirements of this chapter. 
(Code 1904, Art. 1077.) 


Sec. 1372. Must Fully Describe Property Assessed—lt 
shall be the duty of every person rendering in land, or railroad 
property attached to land, to said Assessor and Collector, or 
his authorized deputy, or the chairman of the Board of Ap- 
praisement, or the Tax and Land Commissioner, for taxation, 
to describe the same by reference to plat or plats contained in 
the Assessor’s block books so that by reference to the said 
Assessor’s block books the proper description by lot and block, 
or by metes and bounds, can be had; provided, that if any 
person’s property is not on said plats of said block books, that 
he shall give the metes and bounds of said property, so that the 
same can be platted and placed in said plats in said Assessor’s 
block books. In rendering said property for taxes it shall be 
necessary only to give the volume and page of the Assessor’s 
block book and the number of the tract in said volume and on 
said page of the property owned by the person rendering the 
same for taxes, by which means the description of the property 
can be readily ascertained. In case the owner or agent render- 
ing the property for assessment shall neglect to render the 
same as above provided, power is hereby given the Assessor 
and Collector of Taxes, or his authorized deputy, or the chair- 
man of the Board of Appraisement, or the Tax and Land Com- 
missioner, to correct such assessment to conform with the 
above provision. In all cases where the owner fails or neglects — 
to render his property for taxation, it shall be the duty of the 
Assessor and Collector of Taxes, or his authorized deputy, or 
the chairman of the Board of Appraisement, or the Tax and 
Land Commissioner, to render the same for taxation, and to 
describe the same by reference to volume, page and tract num- 
ber of the Assessor’s block books, as above provided. They 
shall not be required to accept any rendition of any such prop- 
erty unless the same shall be described as above provided. 
(Amendment Art. 1078, Feb. 9, 1914; Ord. Bk. 4, p. 114, 
Sec. 1.) 


Sec. 1373. But One Tract to Be Placed on a Line—But 
one separate tract of land shall be described on a single line in | 
said assessment sheets. Each tract of land and lot in each 
block must be valued separately, except where the taxpayer 


of the City of Houston 501 


lists and values several parcels as one, and they are so as- 
sessed, or with his knowledge and approbation the several 
tracts are listed and valued as one, and the land so assessed 
is subject to the lien for the aggregate tax assessed. If a 
. grantee of a taxpayer who so values and assesses several tracts 
as one fails to render his property at separate valuations, he 
will not be allowed to object to the several tracts continuing 
to be valued as one until he has changed the rendition and 
asked that each tract be valued separately. The identification 
of any tract of land mistakenly or imperfectly described shall 
at all times be assisted by the presumption hereby declared to 
exist that the tract of land referred to is the tract owned 
by the owner named at the time of filling out the assessment 
sheet in the block or larger tract in which the same may be 
included, as shown on said assessment sheet. (Code 1904, 
Art. 1079.) 


Sec. 1374. Improvements to Be Assessed Separately from 
Land—wWhen real estate is improved, such fact and the char- 
acter of the improvements, and the value thereof, exclusive of 
the value of the tract of land on which the same may stand, 
shall be shown in said sheets. (Id., Art. 1080.) 


Sec. 1375. Oath to Be Taken by Those Rendering Prop- 
erty—The person rendering in property for assessment, after 
said assessment sheet has been filled out according to his di- 
rection, shall take and subscribe to the following oath en- 
dorsed thereon, viz: 


so] ha ENS EORTC Te ald, 5 ute Rin tank Olena em , do solemnly swear that the 
above inventory rendered by me contains a full, true and 
complete list of all taxable property owned by me and held in 
niyo WiltiaitiG OF Mell DV Me LOK awl) cn lew ey ee , or of 
which I have the custody as agent, guardian or administrator 
in this city, subject to taxation by the laws of this State and 
the ordinances of this city, on the first day of January, 19........... : 
and that I have true answers made to all questions propounded 
to me touching the same, so help me God.” (Id., Art. 1081.) 


Sec. 1376. Assessor to Assess and Render Property for 
Those Failing to Do So by April 15th of Each Year—It shall 
be the duty of the Assessor and Collector of Taxes, or his au- 
thorized deputy, or the chairman of the Board of Appraise- 
ment, or the Tax and Land Commissioner, to inventory on as- 
sessment sheets of appropriate form and to assess the same at 
what he believes to be the full and true value thereof, the prop- 


erty of persons failing to render the same in for assessment 
39 


502 Revised Code of Ordinances 


on or before the 15th day of April in each year, and such in- 
ventory and assessment shall be as valid and binding as if 
such property had been rendered by the owner thereof. If for 
any years the assessment of any tract or tracts of land be ir- 
regular, either because several lots or tracts were assessed to- 
gether and valued as one tract, or from any other cause what- 
soever, the Assessor and Collector of Taxes, and the Board of 
Appraisement, are hereby given the authority at any time to 
re-assess said land, and to value each tract separately, or to 
cure and correct the irregularity, whatever it may be, and the 
correction when made shall be entered on the tax roll for the 
year or years the property is so re-assessed, and such re-assess- 
ment when made shall be as binding and legal as if originally 
assessed in the manner corrected. (Amendment Art. 1082, 
Feb. 9, 1914; Ord. Bk. 4, p. 14, Sec. 1.) 


Sec. 1377. Assessor to Have ‘“‘Block Books’’—It shall be 
the duty of the Assessor and Collector to keep one or more 
books, to be known as “Block Books,” in which shall be en- 
tered in numerical order each and every lot, block or other 
subdivision of real estate within the corporate limits of the 
City of Houston, and he shall enter in such books in separate 
columns the name or names of the person or persons assessing 
such block, tract of land or portion of the same, for taxes, to- 
gether with a description of the portion of the same unren- 
dered, if any, with the names of the owners of the unren- 
dered portions, if any, and he shall enter upon said assessment 
sheets as property unrendered or belonging to unknown own- 
ers every tract of land or portion thereof not shown by said 
block book to have been rendered for taxes for that year. 
(Code 1904, Art. 1083.) 


Sec. 1378. Assessor to Have Sheets Bound—Said assess- 
ment sheets shall be securely bound in volumes, properly la- 
beled, and shall be preserved in the office of the City Assessor 
and Collector, and the same shall be completed and turned 
over to the Board of Appraisement immediately after its ap- 
pointment. © (Id., Art. 1084.) | 


Sec. 1379. Must Publish Notice of Meeting in Some News- 
paper—Notice of the time and place where and when the 
meetings of said Board will, be held shall be given by publica- 
tion in some daily newspaper published in the City of Houston, 
which notice shall be published for at least four days previous 
to the commencement of the meetings of said Board. The 
following may be the form of notice: 


of the City of Houston 503 


Notice. 


The Board of Appraisement of the City of Houston will 
COT eNom ue gO ClOChK Mae Lt Olli fugit ed ek Peal Sr 8 (here 
insert date), at the market house of the City of Houston, and 
will remain in session from day to day thereafter until their 
work is finished. All persons owning property in the City of 
Houston subject to taxation are hereby notified to appear be- 
fore us at said place and on said day. (Signed) 


Members of the Board of Ayotisement 
of the City of Houston. 


Gide Arle LUSSe) 


Sec. 1380. Assessment Rolls; Assessor to Prepare Two 
Rolls—Immediately after said Board of Appraisement shall 
have completed their work and returned said assessment sheets 
to the Assessor and Collector, it shall be his duty to prepare 
two assessment rolls, one of which shall be the Rendered As- 
sessment Roll and one shall be known as the Unrendered As- 
sessment Roll. Said rolls shall be prepared on sheets appro- 
priately ruled and lettered, so that the provisions of this chap- 
ter may be conveniently conformed to. (Amendment Art. 
L092) Feb: 9. 1914 Ord] bk: 4) p, 114, Sec. 1.) 


Sec. 1381. Contents of Each Roll—The City Assessor and 
Collector shall transfer to said assessment rolls the contents 
of said assessment sheets so far as necessary to show the name 
of the owner, when known, the description of the property on 
which tax is due, the value of the same and the amount of the 
tax. It shall also be the duty of the City Assessor and Collector 
to show on each page of said rolls the percentage of tax levied 
and the current year for which the same is levied; provided, 
however, that any failure or dereliction in regard to the prep- 
aration of such assessment rolls shall in no way affect the 
validity of any assessment in the same, nor the validity of the 
title acquired at the sale of any property for non-payment of 
taxes justly due on such property, unless the party owning 
such property shall tender the purchaser under such tax sale 
the amount of taxes justly due on such property at the time 
such sale was made, together with a penalty of fifty per cent on 
the amount of such tax, and all costs incurred. (Code 1904, 
Art. 1093.) 


504 Revised Code of Ordinances 


Sec. 1382. Assessor to Sign Each Sheet—Said Assessor 
and Collector shall sign his name at the foot of each sheet of 
said rolls to the following certificate, viz: 

“T certify that the property listed above has been correctly 
entered, and that the valuations placed thereon is in accordance 
with the action of the Board of Appraisement in reference to 
the same; and I further certify that the calculations showing 
the amount of taxes assessed against the respective tracts of 
land and parcels of property, as shown above, for the current 
year, have been truly made.” (Id., Art. 1094.) 


Sec. 1383. Assessor to Swear to Correctness of Rolls— 
On the final completion of said assessment rolls by said Assess- 
or and Collector, he shall forthwith prepare a certificate, and 
swear to the same before a notary public, embracing the facts 
shown and referred to in the following form, viz: 

To the Mayor and City Council of the City of Houston: 


This is to certify that the assessment rolls of the City of 
Houston for the current year, beginning on the Ist day of 
January, “A. DVi9e , and ending on the 31st day of December, 
AES OSES a , have been completed in accordance with the 
Charter and ordinances of said city, and that all calculations 
shown in said rolls are correct. I further certify that I have 
signed my name at the foot of every page of said assessment 
rolls to the certificate provided for in Article 1382, Chapter 42, 
of the Revised Code of Ordinances of said city. 


I further certify that the total value of all the property 
inventoried in said rolls, as shown therein, is correct, and is 
as follows, viz: 


The value of property on the Rendered 

Assessment ROL PS. be ee ee ee ee 
The value of property on the Unren- 

dered -Assessment.Holl isan rie, ee een oe et ee ae 
The value of the property on the Unknown 

Roll is 


Total value \ 


Sheed see codn eh se epechet sees pede dak ne teeprcdancancek ar teNas asns= Seen geesaen ceva tensa pI Seshess rouSanshveresee cans sauna nee 


And that the taxes levied on said property, and to be col- 
lected by me, as shown in said rolls, amount in the aggregate 


tothe Stim! of: ages sc en ee ie (here insert amount). 
In testimony whereof, witness my hand this... day 
GS RTS ERR at RENAN NM tie dy ot ne ho Men! . (Signed) 


wo ee eat eee anne ene n wenn nega tenn estates snes nccsenewennnannsensranaacsnesssenaeaee 


City Assessor and Collector. 


of the City of Houston 505 


Sworn to and subscribed before me, this. day 
OL ae Se ci eA Oe ahs Berita: . (Signed) 
(Seal) Notary Public, Harris County, Texas. 


(Id., Art. 1095.) 


Sec. 1384. Certificate of Board of Appraisement—After 
said certificate referred to next above has been signed and 
sworn to by said City Assessor and Collector, the same shall 
be returned by him to said Board of Appraisement, who, if 
satisfied that the statements contained in the same are true, 
shall prepare and sign, under oath, the following certificate, to 
_ be written on the same sheet with or attached to the said cer- 
tificate of the City Assessor and Collector, to-wit: 


To the Mayor and City Council of the City of Houston: 

We, the undersigned members of the Board of Appraisement 
for the City of Houston for the current year, do certify that 
the statements contained in the foregoing certificate of the 
Assessor and Collector are true, according to the best of our 
knowledge and belief. 


We further certify that in the performance of our duties as 
said Board of Appraisement we remained in session for at least 
ten consecutive days in the Market House of said city, between 
the hours of 9 a. m. and 12 m., and 2 and 4 p. m., and that the 
notice of said meeting hereto attached (here attach to the cer- 
tificate a copy of the notice referred to in Article 1379) was 
duly published for at least four days in a daily newspaper 
published in the City of Houston, and that our meetings were 
open to the public, and all persons rendering property for tax- 
ation to said City Assessor and Collector for said year, or in- 
terested in such property, were allowed to appear before us, 
and were fairly and impartially heard by us at said meetings 
touching the value of such property, and that we endeavored 
in all things to discharge our duties in the premises fairly and 
impartially, to the best of our ability. 


We further certify that before making any change in the 
value of any property rendered for assessment, we mailed a 
postal card to the person or corporation rendering such prop- 
erty for taxation, notifying such person or corporation to 
appear before us at the place where our meetings were held, 
at a certain time designated in said notice, and that said notice 
was duly mailed at least ten days prior to the time of any 
change being made in such valuation by us, and that we have 
given all persons appearing before us in regard to the valua- 


506 Revised Code of Ordinances 


tion of any property described in said Rendered Assessment 

Roll a full, fair and impartial hearing. 
Witness our hands, this..................... DaVita eS a Oo 
(Sioned) * +>) eee eet eee ee Pee % 


Serer Se ee ee eee eee eh eee Pee eer er rery 
ww wwew ta cn nsec cencennnerewen arc cnnes ee nec esa seceast tec cnse scenes eeceeesscestgageacscncccsesces 


- Board of Appraisement 
| of the City of Houston. 
Subscribed and sworn to before me, this... day 


Notary Public, Harris County, Texas. 
(Id., Art. 1096.) 


Sec. 1385. Certificates, After Being Sworn to, to Be De- 
livered to City Attorney—Said certificates of said Board of 
Appraisement, after being signed and sworn to by them, shall 
be delivered to the City Attorney, together with said certifi- 
cate of said City Assessor and Collector attached thereto, and 
it shall thereupon be the duty of said City Attorney to examine 
said assessment rolls and said certificates, and call the atten- 
tion of the proper officials to any mistakes or omissions made 
by them in connection therewith, relating to the form of the 
same, and secure a correction by them of such mistakes or 
omissions as he may discover, and when finally satisfied that 
said certificates and assessment rolls have been properly pre- 
pared, and are in due form of law, he shall indorse upon said 
certificate of the Board of Appraisement the following, viz: 


I certify that the assessment rolls of the City of Houston 
for the current year, and all certificates pertaining to the same, 
are in due form as required by the Charter and ordinances of 
sald city. 

CST OTIC Yo re a eR ec A a 
. City Attorney. 
(Id., Art. 1097.) 


Sec. 1386. After Being Endorsed by City Attorney, to Be 
Read at Next Meeting of the Council—Said certificates of 
said Board of Appraisement and Assessor and Collector, re- 
ferred to above, after having been endorsed by said City At- 
torney, shall be read at the next meeting of the City Council 
and spread upon the minutes of that meeting, and it shall not 
be lawful for any officer of said city to pay said Board of Ap- 


of the City of Houston 507 


praisement. for their said services, nor shall it be lawful for 
them to receive pay for the same, until said certificates have 
been read before said Council and spread upon the minutes 
of that meeting, as aforesaid, and should the City Secretary 
fail to enter said certificates upon the minutes of said meet- 
ing, he shall be fined in the sum of One Hundred Dollars. 
The spreading of said certificates upon the minutes of said 
meeting shall be deemed an approval of said rolls by said City 
Council, unless action to the contrary by said City Council be 
had at said meeting. (Id., Art. 1098.) 


Sec. 1387. Assessor and Collector to Be Charged in the 
Amount on Rolls—After said certificates referred to next 
above have been entered in the minutes of the meeting of said 
City Council, it shall be the duty of the Controller to charge to 
the account of the Assessor and Collector the total amount of 
taxes due the City of Houston for the current year, as shown 
on said assessment rolls and by his said certificates, which 
amount shall be a valid claim against said Assessor and Col- 
lector and the sureties on his official bond, until the same shall 
be properly accounted for. (Amendment Art. 1099, Feb. 9, 
1914; Ord. Bk. 4, p. 114, Sec. 1.) 


Sec. 1388. Supplemental Assessment Roll—That each 
year immediately after the preparation and making up of the 
two assessment rolls provided for in Section 1380, the As- 
sessor and Collector shall prepare an Assessment Roll to be 
known as the “Supplemental Assessment Roll,” to be in form, 
etc., substantially as in said other two rolls and showing the 
same facts, in and on which he shall enter during the tax 
year, all assessments of property which the owner thereof may 
have failed or refused to inventory, assess and render for the 
prior years or the then year, and which has not theretofore 
been inventoried, etc., which the Assessor and Collector or 
chairman of the Board of Appraisement, or Land and Tax 
Commissioner, has so rendered, inventoried, or assessed, and 
such other property as may have been rendered, inventoried 
and assessed by the owner, or either of said officers, either 
before or after making up the two assessment rolls heretofore 
referred to, which for any reason does not appear upon either 
of said two rolls, and he shall, at the end of said tax year, to- 
wit: On the 31st day of December, after having signed said 
rolls and sworn to the correctness of the same, as provided for 
in the case of said other rolls, exhibit them to the Controller, 
who shall charge the total amount thereof to said Assessor and 
Collector, as in the case of the other rolls; provided, however, 


508 Revised Code of Ordinances 


-— ——w) 


that the Assessor and Collector may collect the taxes shown 
on said roll prior to said 31st day of December and report the 
same to the Controller as in the case of other taxes collected, 
who shall credit him on the Supplemental Assessment Roll ac- 
' count for that year. (Amendment 1099a, Jan. 28, 1914; Ord. 
Bk. 4, p. 75, Sec. 1.) 


Sec. 1389. This Chapter Directory Merely and Not Man- 
datory—All the provisions of this chapter, except such as 
are necessary to the levying of taxes, the inventory and ap- 
praisement of property, and the identification of the same, 
and the collection of the amount of taxes levied upon such 
property, and the preparation of the roll showing these facts, 
together with the name of the owner of such property when 
known, and the provisions providing for the appointment of a 
Board of Appraisement, and the publication of notice to appear 
before the Board of Appraisement, are hereby declared to be 
directory merely, and not mandatory. (Code 1904, Art. 1100.) 


ARTICLE 6. 
COLLECTION. 


Sec. 1390. Rolls to Be Completed by July Ist of Each 
Year—It shall be the duty of the Assessor and Collector and 
said Board of Appraisement to have said assessment rolls here- 
inbefore described fully prepared and completed by the Ist day 
of July of each and every year, and all taxes shall be due and 
payable on the 1st day of July of each and every year, and if 
not paid by the 1st of January thereafter, the same shall bear 
interest from the 1st day of January until paid, at the rate of 
six per cent per annum. It shall be the duty of all persons 
from whom such taxes are due to call and pay the same to said 
City Assessor and Collector at his office in the City of Houston 
between the Ist day of July and the said 1st day of January 
next thereafter. (Code 1904, Art. 1101.) 


Sec. 1391. Assessor and Collector Must Have Stub Book 
for Tax Receipts—Said Assessor and Collector shall provide 
a book containing one or more written or printed blank re- 
ceipts, with corresponding marginal stubs, and before the de- 
livery of any receipt for taxes he shall fill up a blank therefor, 
and also the corresponding marginal stub, with the amount of 
tax so paid, specifying each separate tax, the name of the tax- 
payer, a description of the property, if it be real estate, the 
year or years for which said taxes are due, the date of pay- 
ment and the amount and character of the fund received, whe- 


of the City of Houston 509 


— 


ther in coin or other money, city scrip or other funds receiv- 
able for taxes, and shall detach said receipt from said book, 
leaving therein the corresponding stub as a permanent record 
of his office, which shall be produced before the City Council 
whenever by it required. Such receipt books shall be furnished 
by him, signed by the Mayor, and numbered by the City Sec- 
Tebarveel Artal 1025) 


Sec. 1392. All Moneys Received to Be Credited on Some 
Particular Tract—All sums of money received in payment of 
taxes shall be credited when received on some particular tract 
of land or parcel of property, and no money in payment of 
taxes shall be received on account. (Id., Art. 1102.) 


Sec. 1393. Taxes to Be a Lien on Property Assessed—AI] 
taxes upon real estate shall be a lien and charge upon the 
property upon which the taxes are due, which lien may be 
foreclosed and the tax collected by suit in any court having 
jurisdiction. All taxes not paid within the time prescribed by 
the ordinances shall bear interest at the rate of 6 per cent per 
annum. All real and personal property held, owned or situated 
in the City of Houston shall be liable for all taxes due by the 
owners thereof, including taxes on real estate, personal prop- 
erty and poll tax. All personal property may be levied upon, 
seized and sold by the Assessor and Collector for any taxes 
that may be due, without further warrant of authority than the 
production of his tax roll, which sale, when made, shall convey 
a perfect title to the purchaser thereof, or the amount of the 
tax may be sued for in any court having jurisdiction and a 
personal judgment may be recovered against the delinquent — 
taxpayer, or against any person to whom the personal prop- 
erty on which the city tax is due has been sold, or who owns, 
holds or claims possession of said personal property. (Id., 
Art. 1108.) 


Sec. 1394. May Recover a Personal Judgment—The City 
of Houston has a right to maintain a suit to recover a per- 
sonal judgment for the amount of the tax due it, and the tax 
may be collected by sale of the particular property on which 
it is assessed, by enforcing the lien, or by the sale of that or 
other property under a judgment of the court, or by the seizure 
and sale of personal property. (lId., Art. 1112.) 


Sec. 1395. No Part of Tax Legally Due City to Be Re- 
mitted, Discounted or Compromised—lIn no case shall the City 
Council, or any member of the City Council, or officer of the 
city, remit, discount or compromise any tax legally due the 


510 Revised Code of Ordinances 


city. The city shall have equal right to become the purchaser 
at all sales of property under judgment or otherwise, for taxes 
due ite “Cid. sArt;-1115:;) 


Sec. 1396. Council Not Authorized to Extend Time—The 
City Council shall not have the power or authority to extend 
the time for the payment of taxes, or in any manner delay the 
Assessor and Collector of Taxes in the preparation of the De- 
linquent Roll. (Id., Art. 1129.) 


Sec. 1397. Assessor and Collector and Board of Appraise- 
ment May Divide Assessments—The Assessor and Collector 
and the Board of Appraisement are authorized to divide and 
separate assessments made on property where mistakes have 
occurred in reference to the ownership of the same, or where 
such separation may be deemed by them convenient and equit- 
able on account of such property having been divided by sales 
subsequently made, or by reason of the death of the owner of 
the same. (Id., Art. 1130.) 


Sec. 1398. Must Not Be Divided to Allow Partial Pay- 
ments—The Assessor and Collector shall in no case separate 
or divide assessments so as to allow parties to pay on part 
thereof, or any part less than the whole amount. And the 
Assessor and Collector is especially enjoined to allow no sep- 
aration of payments where real and personal property are as- 
sessed together. (Id., Art. 1131.) 


ARTICLE 7. 
DELINQUENT TAX ATTORNEY. ° 


Sec. 1399. Creation of Office; Appointment—There is 
hereby created the office of City Delinquent Tax Attorney of 
the City of Houston, which office shall be filled by a regularly 
licensed attorney, appointed by the Mayor and confirmed by 
the City Council, who shall serve not exceeding two years,. 
unless reappointed, and who shall be subject to removal at any 
time by the Mayor or City Council. (Jan. 5, 1914; Ord. Bk. 3, 
p. 593, Sec. 1.) 


Sec. 1400. Duties, Etc.—The Delinquent Tax Attorney 
shall have general supervision over and charge of enforcing 
the collection of any delinquent taxes due to the City of Hous- 
ton; shall take such steps as may be necessary or advisable to 
collect the same, including the filing and prosecution of all 
suits for the collection of such taxes, and to that end shall be 
furnished by Tax Department with all necessary statements 


of the City of Houston 511 


— 


or other data in the form required by him for the proper prep- 
aration and prosecution of such suits; shall represent the city 
at all tax sales of whatsoever character of properties delin- 
quent to the city for taxes; and shall act for the city in any 
settlements, adjustments or compromises of tax suits, when 
required by the City Council. He shall also have supervision 
over and general charge of properties bought by the city at 
tax sales, for the purpose of putting the city in possession 
thereof, and for such purpose shall take all necessary steps, 
including the filing of suits for possession or for clearing the 
title to said properties. (ld., Sec. 2.) 


Sec. 1401. Officer Tax Department; Salary—The City 
Delinquent Tax Attorney shall be an officer of the City Tax 
Department, and shall have such powers and duties as herein 
prescribed, or as may be required hereafter by the Mayor or 
City Council. He shall receive a salary of One Hundred and 
Fifty Dollars per month, payable in equal monthly install- 
ments, unless otherwise provided by the Mayor and City Coun- 
cil. (Id., Sec. 3.) 


ARTICLE 8. 
® 
DELINQUENT, ETC. 


Sec. 1402. Delinquent Tax Roll and Sale of Property for 
Taxes; Assessor to Prepare Delinquent Roll—Immediately 
after the 1st day of January in every year it shall be the duty 
of the Assessor and Collector of Taxes to prepare a roll con- 
taining a description of all the property described in the as- 
sessment rolls of the next preceding year—that is to say, of 
the year ending on the next preceding 31st day of December, 
on which the taxes have not been paid. Said roll shall be called 
the “‘Delinquent Roll,’ and shall consist of a copy from the 
assessment rolls of so much of the line on which the tract of 
land or property on which the taxes remain unpaid as will 
identify the property and show the amount of tax due on the 
same. After said Delinquent Roll shall have been prepared as 
aforesaid, the pages comprising the same shall be securely 
bound in a volume, properly labeled and carefully preserved as 
an archive of the office of the City Assessor and Collector, and 
said Assessor and Collector shall.sign the following certificate 
at the foot of each separate page of said Delinquent Roll, viz: 


512 Revised Code of Ordinances 


I certify that the above entries have been correctly made 
out in accordance with the provisions of the Charter and or- 
dinances of the City of Houston. 

(Signed )oy wats a bis hee see tee ese Ses nies oe ey oe 
City Assessor and Collector 
of Taxes of the City of Houston. 

(Code 1904, Art. 1104.) 


Sec. 1403. Assessor Shall Note Payment on Delinquent 
Roll—Whenever the taxes on any property in said Delinquent 
Roll shall be paid, the fact of such payment, with the date of 
the same, shall be noted in said roll opposite the description 
of the property, and interest on the taxes due, as hereinafter 
provided, shall in every instance be collected, and the amount 
of said interest entered on said roll. (Id., Art. 1105.) 


Sec. 1404. Assessor and Collector to Furnish Statements 
to City Delinquent Tax Attorney—During the time that the 
Assessor and Collector shall prepare the Delinquent Roll above 
described, he shall prepare separate statements of tax accounts 
due the city, to be furnished the City Delinquent Tax Attorney, 
on which to bring suits, which statements shall contain the 
description of the property, the year for which tax is due, 
amount of tax due, rate of taxation, and the person or persons, 
estate, firm or corporation who assesses the same, or whether 
the property is rendered, unrendered, or owner is unknown, 
as appears from the tax rolls, which statement the Assessor 
and Collector shall certify to be correct, and which shall be 
prima facie evidence of the statements made therein, and that 
all the requirements of the law have been complied with; and 
the Assessor and Collector shall be entitled to $1.00 on each 
statement so made, which shall be taxed against the delinquent 
taxpayer on the property, and the Assessor and Collector shall 
be entitled to refuse to issue any receipt to any delinquent 
taxpayer until said $1.00 has been paid; provided, that where 
several tracts of land and different kinds of property are as- 
sessed by the same person, firm, estate or corporation, that 
they shall be contained in the same statement, which said De- 
linquent Roll shall be finished and said statements furnished 
not later than the last day of February of each year. Said 
Delinquent Roll shall be published during the month of March 
following for ten days in some daily paper published in the 
City of Houston, and the said Assessor and Collector shall also 
be entitled to $2.00 for advertising each tract of land separate- 
ly assessed, which shall be’ taxed as a charge against the prop- 
erty on which the tax is due, and the Assessor and Collector 


of the City of Houston 513 | 


shall be entitled to refuse to issue any receipt to any delinquent 
taxpayer until this cost of advertising has been paid; and a 
failure to comply with these provisions by the Assessor and 
Collector of Taxes shall be deemed a malfeasance, and be 
cause for impeachment. Upon receipt of the above tax state- 
ments by the City Delinquent Tax Attorney, he shall, as soon as 
possible, institute suit in the proper court to enforce the col- 
lection of taxes due the city, and shall file suit on all of said 
statements furnished him by the Assessor and Collector of 
Taxes by the next lst of October after he has received them 
and the failure on the part of the City Delinquent Tax Attor- 
ney to file suits on said statements by the 1st of October shall 
be deemed a malfeasance, and be a cause for impeachment; but 
a failure on the part of the Assessor and Collector of Taxes 
to prepare the Delinquent Roll, or publish it for the required 
length of time, or furnish tax statements to the City Delinquent 
Tax Attorney, or a failure on the part of the city to file suits 
within the proper time, shall in no wise affect the liability of 
the delinquent taxpayer, nor shall such failure in any manner 
be relied on by way of defense against the payment of taxes 
due the city. Nothing but current money of the United States 
shall be collected or received in payment of taxes and licenses 
- due or hereafter assessed, except coupons and scrip made re- 
ceivable for all taxes on the face thereof shall be receivable 
for all taxes except the bond tax. In cases where the State 
has instituted suit for taxes, where taxes are due the city on 
the same property for the same years, that the city may have 
the right to intervene in said suit and have judgment for its 
taxes and to enforce and foreclose its lien for said taxes, and 
in cases where the city has first instituted suit for taxes, that 
the State may have the same right to intervene. (Amendment 
Art, 1.06 heb. 9, 1914 20rd: Bk 4; p. 114; See. 12) 


Sec. 1405. Assessor Entitled to $2.00 for Certain Years— 
For the years 1890, 1891, 1892, 1893 and 1894 the City As- 
sessor and Collector shall be entitled to Two Dollars ($2.00) 
for every deed made to the City of Houston, as required by 
the ordinances in force in those years; and for the years 1895 
and 1896 he is entitled to Two Dollars ($2.00) for each tax 
statement executed by him for the taxes due on each piece of 
property for those years, and he shall refuse to issue any re- 
ceipt to any delinquent taxpayer until the amount due from 
said delinquent taxpayer for executing deeds and tax state- 
ments, as above specified, have been paid. (Code 1904, Art. 
1107.) 


514 Revised Code of Ordinances 


Sec. 1406. Taxes May Be Collected by Suit for Years 
1875 to 1914, Inclusive—AlI] taxes due by property owners on 
any and all property for the year 1875, up to and including the 
year 1914, and for all years to come until otherwise provided 
by Charter, as appears upon the rolls of said city, may be 
collected by suit from delinquents and foreclosure of the lien 
thereon in any court having jurisdiction of the same, and any 
person who shall purchase property encumbered with a lien 
for taxes shall be deemed as to such taxes a delinquent tax- 
payer, and such purchaser takes the property charged with the 
lien, and he cannot interpose any defense which his vendor 
might not have interposed had he continued to be the owner. 
(Ids Artes) 


Sec. 1407. City Attorney to Represent City in All Suits— 
The City Delinquent Tax Attorney shall represent the city in 
all suits against delinquent taxpayers. In any and all suits 
by the City of Houston for the collection of taxes due it for 
the year 1897 and thereafterwards, the City Delinquent Tax 
Attorney shall be entitled to a fee of 5 per cent. (5%) of the 
amount of tax, which 5 per cent. (5%) shall be taxed as 
costs against the property on which the tax is due; and in no 
case, after suit has been filed, shall a receipt for taxes be 
given on the property in suit until after the payment of the 
p per cent. (5%) attorney’s fee as above stated, the costs of 
the Assessor and Collector as hereinafter stated, and all court 
costs. When judgment has been taken for taxes due on 
property in suit, the 5 per cent. (5%) attorney’s fee and other 
costs above named shall be taxed against the property to be 
sold under judgment for taxes, and paid out of the proceeds 
of the sale of the same, together with the taxes and interest 
due thereon to the city; provided, that such attorney’s fee shall 
become the property of and payable to the City of Houston. 
(Amendment Art. 1114, Feb. 9, 1914, Ord. Bk. 4, p. 114, 
Sec. 1.) 


Sec. 1408. Proper Parties to Be Served with Process in 
Suit—In suit for taxes the proper persons shall be made parties 
defendant in such suit, and shall be served with process and 
other proceedings had therein as provided by law for suits 
of like character in the District Courts of this State; and in 
case of foreclosure, an order of sale shall issue and the land 
be sold thereunder as in other cases of foreclosure, which order 
of sale shall have all the force and effect of a writ of possession 
between the parties to the suit, and any person claiming under 
the defendant by any right acquired after the filing of the 


of the City of Houston 515 


— 


suit, and the sheriff or other officer executing such order of 
sale shall proceed, by virtue of the same, to place the purchaser 
of the property sold under said order of sale in possession 
thereof within thirty days after the date of sale, and such 
order of sale may direct that the sheriff, or other officer 
executing such order of sale, shall sell the property, either 
each piece separately as under execution, or in gross as the 
city through its attorney may direct; and if the defendant 
or his attorney shall at any time before the sale file with the 
sheriff or other officer in whose hands any such order of sale 
shall be placed, a written request that the property described 
therein shall be divided and sold in less tracts than the whole, 
together with a description of said subdivisions, then such 
officer shall sell the land in said subdivisions as the defendant 
may request, and in such case shall only sell as many sub- 
divisions as near as may be as will satisfy judgment, interest, 
court costs and other costs hereinafter specified. In all cases 
in which lands have been sold or may be sold for default in 
the payment of taxes, it shall be lawful for the sheriff selling 
the same, or any of his successors in office, to make a deed 
or deeds to the purchaser, or to any other person to whom 
the purchaser may direct the deed to be made, and such deed 
shall be held in any court of law or equity in this State to 
vest a good and perfect title in the purchaser thereof. (Code 
1904, Art. 1117.) 


ARI CLR: Qe 
MISCELLANEOUS. 


Sec. 1409. When Description Is Vague—When the de- 
scription of any property on the assessment sheets or tax rolls 
is vague and indefinite, the city may show by evidence other 
than the assessment and tax rolls where the property is located, 
and on what property the tax is due, what parties own the 
property, and that the taxes on the same are due and unpaid, 
and enforce and foreclose the tax lien on such property. (Code 
1904, Art. 1109.) 


Sec. 1410. Tax Rolls Prima Facie Evidence—For the 
taxes due on any property for any and all years from the year 
1875 up to and including the year 1914, and for all years to 
come until otherwise provided by Charter, either the tax rolls 
or a statement of the taxes due on any property, made from 
said rolls, certified to and signed by the City Assessor and 
Collector of Taxes of the City of Houston, shall be prima facie 
evidence that the tax on the property is due, that the facts 


~ 


516 Revised Code of Ordinances 


stated therein are true, and that all the prerequisites required 
by law pertaining to the levying and assessing of taxes on the 
property on which the suit is brought for the taxes due have 
been complied with. In addition to the tax rolls, and the 
certified statements made from said rolls, being prima facie 
evidence as above stipulated, for the years 1890, 1891, 1892, 
1893 and 1894, the deeds executed for sales made by him 
during said years of property for taxes, in accordance with 
the provisions of the Charter of the city in force during the 
last named years, shall also be prima facie evidence that the 
tax on the property is due and unpaid, that the facts stated 
in said deed are true, and that all the requirements of the 
law have been complied with. (Id., Art. 1113.) 


Sec. 1411. Purchaser at Tax Sale to Have Lien—lIf the 
_ purchaser at any sale under proceedings had to foreclose a 
tax lien on the property sold in the City of Houston for non- 
payment of taxes, shall fail to acquire a valid title to the 
property so purchased by him, by reason of any irregularity 
or defect in the assessment or levy, or for any other reason 
whatsoever, whether of a jurisdictional character or otherwise, 
such purchaser shall nevertheless have a lien on the property 
so purchased for the taxes which would have been due on 
same had all proceedings in reference thereto been 
legal and regular, together with all costs connected therewith; 
also for taxes by him subsequently paid on said property, 
with interest on all of such sums at the rate of 6 per cent. (6%) 
per annum, and he shall be entitled to judgment for such 
amounts, and for the enforcement of the lien against the owner 
of said property in the same action wherein the said 
sale is declared void, together with his costs incurred 
in such action. In no case shall the City Council, or any 
member of the City Council, or officer of the city, remit, dis- 
count or compromise any tax legally due the city. The city 
shall have equal right to become the purchaser at all sales 
of property, under judgment or otherwise, for taxes due it. 
All taxes shall be due and payable on the Ist day of July of 
each and every year, and if not paid by the Ist day of January 
thereafter, the same shall bear interest from the said 1st day 
of January until paid at the rate of 6 per cent. (6%) per 
annum. It shall be the duty of all persons from whom such 
taxes are due to call and pay the same to the City Assessor 
and Collector of Taxes, at his office in the City of Houston 
between the said 1st day of July and the 1st day of January 
next thereafter. (Id., Art. 1118.) 


a 


of the City of Houston ALG 


Sec. 1412. Property Exempt from Taxation—That the 
following property shall be exempt from taxation, to-wit: All 
lands used exclusively for graveyards, or grounds for burying 
the dead, except such as are held by any person, company or 
corporation with a view to profit or for the purpose of specula- 
tion in the sale thereof; all buildings belonging to institutions 
of purely public charity, together with the lands belonging to 
and occupied by such institutions, not leased or otherwise 
used with a view to profit, and all moneys and credits appro- 
priated solely to sustaining such institutions, together with 
such other property as is exempt from taxation by the laws of 
the State of Texas. (lId., Art. 1120.) 


Sec. 1413. Houston Light Guard Armory Partially Ex- 
empt from Taxation—That the portion of the brick building 
situated on lots 4 and 5, in block 69, known as the Light Guard 
Armory, which does not bring in any revenue to the Houston | 
Light Guard, that is, that portion of the building not rented 
by said Houston Light Guard Company, and not bringing in 
any rents, shall be and is hereby exempted from the payment 
to the City of Houston of city taxes, beginning with the year 
1894. This exemption shall only hold good as long as the above 
building is owned by the Houston Light Guard. (Id., Art. 
Te) 


Sec. 1414. Tax Judgments May Be Transferred—That 
upon the payment of all tax, interest and costs due to the 
city in any judgment recovered by the City of Houston against 
delinquent taxpayers for city taxes, to the City Assessor and 
Collector of Taxes, and payment of court costs, the Mayor and 
City Secretary are hereby authorized to transfer and assign 
any judgment due to the City of Houston by any delinquent 
taxpayer to said city, provided such transfer shall not be made 
except by consent of such delinquent taxpayer. (Id., Art. 1132.) 


Sec. 1415. Mayor to Hold Receipt—As evidence of the 
fact that the tax, interest and costs due the city have been 
paid, the Assessor and Collector of Taxes shall furnish a 
duplicate receipt of the amount so paid to the person so paying, 
who shall deposit the same with the Mayor and City Secretary. 
In addition to this he shall procure from the City Delinquent 
Tax Attorney a statement that the amount paid covers the 
amount of the judgment due the city, which is to be assigned 
and transferred, which shall also be deposited with the Mayor 
and City Secretary. (Amendment Art. 1133, Feb. 9, 1914, 
Ord. Bk. 4, p. 114, Sec. 1.) 


40 


518 Revised Code of Ordinances 


Sec. 1416. Must Pay Court Costs Before Judgment Is 
Transferred—As an evidence that all court costs have been 
paid he must display a receipted cost bill for the court costs in 
the case in which the judgment to be transferred was obtained, 
receipted by a properly authorized officer to receive said court 
costs. (Code 1904, Art. 1134.) 


Sec. 1417. Person Desiring to Buy Property at Tax Sales. 
—Any person who desires to buy any property which has been 
sold to the city for city taxes at an execution sale, shall first pay 
to the City Assessor and Collector of Taxes the entire amount 
of taxes, interest and costs of advertising and making tax 
statements or deeds, if any, that may be due on such property. 
(Id., Art. 1135.) 3 


Sec. 1418. City Assessor and Collector to Make Receipts 
in Duplicate—The Assessor and Collector of Taxes shall, upon 
said payment, make a duplicate receipt of the one given to 
the purchaser, which shall afterwards be filed in the office 
of the Controller ; that upon payment of the taxes, interest and 
costs as above, the person purchasing property from the city 
shall first present duplicate receipt to the City Delinquent 
Tax Attorney, who shall take charge of the same and prepare 
a. deed for such property, making as consideration of such 
deed the amount stated in said duplicate receipt of the Assessor 
and Collector of Taxes, and, in addition thereto, all court costs 
which may be due on same, which said amount of court costs 
must be paid to the Assessor and Collector by the party pur- 
chasing before the deed shall be made. (Amendment Art. 
1136, Feb. 9, 1914, Ord. Bk. 4, p. 114, Sec. 1.) 


Sec. 1419. Purchaser to Receive Deed—After the party 
has presented the duplicate receipt of the City Assessor and 
Collector of Taxes, as above, and paid all court costs, the 
City Delinquent Tax Attorney shall prepare a quit claim deed 
to said property, in accordance with the terms of an ordinance 
passed by the City Council of the City of Houston on April 26, 
1898, and present said deed so prepared, together with the 
duplicate receipt of the City Assessor and Collector of Taxes, 
and the amount of money received for costs, to the City Secre- 
tary of the City of Houston, who shall retain possession of 
same. It shall thereupon be the duty of the City Secretary 
and Mayor to execute said deed in accordance with authority 


granted them in the ordinance of April 26, 1898. (Code 1904, 
Art. 1137.) 


of the City of Houston 519 


Sec. 1420. Controller to Furnish Statement of Costs— 
That the City Delinquent Tax Attorney may be enabled to 
arrive at the amount of costs paid by the city, it shall be the 
duty of the Controller to at once furnish him with a statement 
of all costs paid by the city in each and every case which has 
been filed by the city for the collection of taxes. (Amendment 
Art. 1138: Keb.-9,31914,-Ord: Bk: 4, p. 114, Sec: 1.) 


Sec. 1421. Mayor and Finance Committee Authorized to 
Sell Property Purchased at Tax Sales—The Mayor and Fi- 
nance Committee are hereby authorized and empowered to sell 
any and all property owned by the city under sales for city 
taxes, either to the highest bidder at public sale or to any 
person at private sale, upon terms that are deemed to be just 
and equitable by the said Mayor and Finance Committee, and 
that upon determination by the Mayor and Finance Committee 
of the terms for which the property shall be sold, or upon bid 
at public auction by the highest bidder, the Mayor and City 
Secretary shall be and are hereby authorized, upon the pay- 
ment to the City Treasurer or City Assessor and Collector of 
Taxes, of said bid, or upon payment to the City Treasurer or 
City Assessor and Collector of the sum arrived at and deemed 
just and equitable by the Mayor and Finance Committee, to 
execute to any such person or persons deeds for the property 
so purchased. (Code 1904, Art. 1139.) | 


Sec. 1422. No Deed Executed by City Unless Papers Are 
Submitted to City Delinquent Tax Attorney—The Mayor and 
City Secretary are in no event to execute any deed until they 
are first presented by the City Delinquent Tax Attorney with 
a duplicate receipt of the Assessor and Collector of Taxes 
above described, and the amount of all court costs paid. 
(Amendment Art. 1140, Feb. 9, 1914, Ord. Bk. 4, p. 114, 
Sec. 1.) 


520 Revised Code of Ordinances 


CHAPTER LXIII. 
Treasurer. 


Sec. 1423. Creation of Office—There is hereby created 
the office of Treasurer of the City of Houston, who shall be 
appointed by the Mayor and confirmed by the City Council, 
and who shall hold the office without fixed term, but subject 
to removal at any time by the Mayor or by the City Council. 
(Aug. 9, 1905, Ord. Bk. 2, p. 232, Sec. 1.) 


Sec. 1424. Duties—It shall be the duty of the City Treas- 
urer of the City of Houston to be the custodian of all moneys 
and funds held by and belonging to the City of Houston, ex- 
cept the moneys which, by general law of the State, are payable 
to the Board of Liquidation of the City of Houston. It shall 
also be the duty of the Treasurer of the City of Houston to 
be the custodian of all moneys coming to the Independent 
School District of the City of Houston as the scholastic ap- 
portionment from the State of Texas. The Treasurer shall 
make a monthly report to the City Council, showing in de- 
tail all moneys received by him, and all moneys paid out by 
him for the account of the City of Houston. (1d., Sec. 2.) 


Sec. 1425. Additional Duties—The Treasurer of the City 
of Houston shall safely keep and preserve all money and funds 
of every kind and description, and shall not pay out the same, 
except upon warrants signed by the Mayor and City Controller. 
It shall also be the duty of the Treasurer of the City of Hous- 
ton to keep such records and books as are now in use, and are 
required and prescribed by the system of accounting adopted 
by ordinances of the City of Houston. (Amendment Sept. 18, 
1905, Ord. Bk. .2,. p. 239, Sec. 1.) 


Sec. 1426. Bonds to Be Given—The Treasurer of the City 
of Houston shall execute and deliver to the Mayor two bonds 
for the sum of Twenty Thousand Dollars ($20,000.00) each, 
with two or more good and sufficient sureties for each of said 
bonds, or said bonds may be executed by some surety company 
having a permit to do business in the State of Texas, and a 
‘ local agent in Harris County, and which has complied with 
all of the requirements of the laws of said State, which said 
surety on each of said bonds shall be satisfactory to the 
Mayor. One of said bonds shall be executed in the sum of 


of the City of Houston 521 


Twenty Thousand Dollars ($20,000), conditioned that the 
Treasurer of the City of Houston shall safely keep and pre- 
serve, and pay out only as legally authorized to do so, funds and 
moneys of the City of Houston of every kind coming into 
his custody generally, and that he will faithfully perform and 
discharge all of the duties required of him by law as such 
Treasurer aforesaid, and shall account for and pay over to 
the City of Houston all money and property entrusted to him. 
The other of said bonds, in the sum of Twenty Thousand Dol- 
lars ($20,000.00), shall be conditioned that he shall faithfully 
keep and well and truly account for all moneys which shall 
be placed with him belonging to the Public School Fund of 
the City of Houston, and shall only disburse the same as pro- 
vided for by the laws of the State of Texas, the Charter and 
ordinances of the City of Houston, and as may be directed by 
the City Council of said City of Houston. (Aug. 9, 1905, Ord. 
Bk. 2, p. 232, Sec. 4.) 


Sec. 1427. Salary—The Treasurer of the City of Houston 
shall receive compensation for all services rendered by him, 
or which may be required of him by law as Treasurer of the 
City of Houston, the sum of Six Hundred Dollars ($600.00) 
per annum, payable in equal monthly installments.  (Id., 
Sec. 5.) 


522 Revised Code of Ordinances 


CHAPTER XLIV. 


Water Department. 


Article 1.—Creation, Etc. 
2.—Regulations, Etc. 
3.—Construction of Laterals by Individuals. 


ARTICLE 1. 
CREATION, ETC. 


Sec. 1428. Creation, Etc.—That there is created a Water 
Department, the officers and employees of which are charged 
with the performance and discharge of such duties as may 
be imposed upon them by this chapter or by existing ordi- 
nances, or those hereafter passed, or by the Mayor or by the . 
City Council, and it shall generally have charge of all matters 
pertaining to or affecting in any manner the water system of 
the City of Houston. (Mar. 23, 1914, Ord. Bk. 4, p. —, Sec. 1.) 

Sec. 1429. Composition of; Water Commissioner; Power 
and Duties—That the Water Department shall consist of a 
Water Commissioner, a Cashier and other such officers and 
_ employees as may be allowed by the Mayor and City Council. 
That the chairman of the Water Committee shall be the Water 
Commissioner until the next general election, when the Water 
Commissioner shall be elected as provided by the Charter. 
That the Water Commissioner, under the supervision of the 
Mayor, shall be the executive head of the Water Department, 
and as such executive head he shall have charge and super- 
vision of the Water Department including all mains, build- 
ings, apparatus and other property belonging or appertaining 
thereto; that he shall have charge of laying and connecting 
all water mains, laterals, pipes and connections and the repair 
thereof, and shall have charge of the location of excavations 
to be made in paved streets or alleys or other places for the 
purpose of laying, repairing, tapping, inspecting or doing 
other work on any such mains, laterals, pipes and connections ; 
that he shall also be charged with the enforcement of all the 
ordinances, rules and regulations covering, affecting or per- 
taining to the Water Department, and the plant, fixtures and 
property thereof, and the water furnished thereby, and by 
and with the advice of the City Attorney, to institute such 
prosecutions as may be necessary to secure the enforcement 


of the City of Houston hie 


of same. That said Water Commissioner shall furnish to the 
Cashier a list of all bills and accounts made out and rendered 
against persons, firms or corporations owing the Water De- 
partment for water, services rendered, meters rented, making 
connections or other things done, furnished, rendered or sup- 
plied by it, and shall furnish the Controller the amount of 
such bills as reflected by the ledgers of the Water Department, 
and it shall be the duty of the Controller to charge to the 
account of the Cashier the total amount of such bills and ac- 
counts so made out and rendered as reflected by the ledgers 
of the Water Department, the amount of which charge shall 
be a valid claim against said Cashier and the sureties on his 
official bond until same is collected, remitted and deposited 
with the City Treasurer, or same has been otherwise properly 
accounted for and disposed of. (Id., Sec. 2.) 


Sec. 1430. Cashier; Duties; Official Bond; Liability of 
_ Cashier and Sureties—That the Cashier shall be the receiver 
and collector of all moneys due and owing to'or charged by 
the City of Houston for water, or services rendered, or meter 
rent, or for any other thing sold, furnished, done or supplied 
_by the Water Department or the officers and employees there- 
of, and he shall make daily remittances and payments thereof 
to the Treasurer of the City of Houston to the account of 
said City of Houston, Water Department, taking duplicate re- 
ceipts therefor, one of which he shall deliver to the Controller. 
That he shall at the end of each day make.a report to the 
Controller showing all such moneys so collected and received 
by him and the officers and employees of the Water Depart- 
ment. That he and the sureties on his official bond shall be 
responsible for all moneys from whatever source collected by 
said Water Department or the officers or employees thereof ; 
that before entering upon the discharge and performance of 
the duties of his office, he shall execute and deliver to the 
City of Houston, and thereafter whenever required so to do 
by the Mayor, a bond in the sum of Ten Thousand Dollars 
($10,000.00) payable to the City of Houston, with at least 
three (3) good and sufficient sureties or a surety company 
authorized to do business in Texas, to be approved by the 
Mayor, conditioned for the faithful performance and discharge 
of all the duties of his office as now or hereafter fixed by the 
ordinances, or by the Water Commissioner, or by the Mayor, 
or by the City Council, and that he will collect and receive 
and safely keep all moneys coming into his hands or the hands 
of any officer or employee of the Water Department for water 


524 Revised Code of Ordinances 


furnished, or services rendered, or meter rent, or any other 
thing sold, done, furnished or supplied by the Water Depart- 
ment, and make daily remittances of such moneys so collected 
and received to the Treasurer of said City of Houston; that 
such bond shall provide that the conditions are to be performed 
in Houston, Harris County, Texas, and that in case of a re- 
covery thereon that the obligors will pay the expense incurred 
by or imposed upon the City of Houston in or about the col- 
lection thereof, including a reasonable attorney’s fee, and that 
said bond shall not become void until the whole amount thereof 
has been exhausted. (Id., Sec. 3.) 


Sec. 1431. Other Officers and Employees; Appointment, 
Etc.; Bonds; Oath of Office—That there shall be such other 
officers and employees of the Water Department as may be 
allowed by the Mayor and City Council who shall receive such 
salaries as may be fixed by the City Council. That all officers 
of the Water Department except the Water Commissioner 
shall be appointed by the Mayor, and before entering upon 
the discharge of the duties of their respective offices : shall 
take the constitutional oath of office; that the Mayor and 
Cashier may require any employee of the department handling, 
receiving or collecting moneys belonging to the City of Hous- 
ton, to execute and deliver to the City of Houston a bond in 
such sum as they may deem proper and sufficient, payable to 
the City of Houston, with at least three (3) good and sufficient 
sureties or a surety company authorized to do business in 
Texas, to be approved by the Mayor and to contain such con- 
ditions and provisions as they may deem proper and right, 
and a further condition giving the Cashier the right to sue and 
recover thereon in the event that he be required to pay any 
money to the City of Houston for which he was accountable 
as Cashier, by reason of the act of such officer or employee 
and containing the provision with reference to expenses as 
contained in his bond as Cashier. (Id., Sec. 4.) 


Sec. 1432. Water Commissioner; Authority; Duties— 
That the Water Commissioner shall have charge of and con- 
trol over the officers and employees of the Water Department 
and may, by and with the approval of the Mayor and the 
Civil Service Commission, prescribe and establish from time — 
to time such rules and regulations as he may deem advisable 
for the organization, government and control of the officers 
and employees of the Water Department and, with the ap- 
proval of the Mayor, he may suspend any such officer or 
employee for insubordination or inattention to or neglect of 


of the City of Houston 525 


duty or violation of the ordinances or the rules and regulations 
of the department, until such officer or employee has been 
permanently removed, discharged or reinstated, and during 
the time of such suspension, unless such officer or employee 
be reinstated without prejudice, he shall not be entitled to the 
pro rata portion of his salary. That said Water Commissioner 
shall by and with the approval of the Controller and the Mayor 
and City Council, cause to be kept such books of accounts and 
records as fully show and disclose all the water furnished, 
services rendered, meters rented, and other things sold, fur- 
nished, done and supplied by the Water Department, and the 
amounts due therefor and the delivery of bills and accounts 
therefor to the Cashier of the department, and shall make such 
monthly reports as are or may be required by the ordinances. 
(Id., Sec. 5.) 


Sec. 1433. Salaries—That the monthly salary of the 
Cashier and other officers and employees of the Water Depart- 
ment shall be such as may be fixed and allowed by the Mayor 
and City Council. (Id., Sec. 5.) 


ARTICLE 2. 
REGULATION, ETC. 


Sec. 1434. Unlawful to Deface, Etc., Property Water 
Works System—lIt shall be unlawful for any person to wilfully 
injure, deface or destroy any reservoir, machinery, pipe, hy- 
drant or other fixture belonging to the water works system of 
the City of Houston. (Oct. 30, 1906; Ord. Bk. 2, p. 335, 
Sec. 2.) 


Sec. 1435. Not to Interfere with Fire Hydrants—Every 
hydrant placed by the Water Department for the purpose of 
extinguishing fires is hereby declared to be a public hydrant, 
and no person other than members of the Fire Department, 
the Health Department, and those authorized by the Water 
Commissioner, shall open any of said hydrants, or draw or at- 
tempt to draw water from the same, or in any manner inter- 
fere with said hydrants. (Id., Sec. 3.) 


Sec. 1436. Unlawful to Turn on Water Without Permit— 
It shall be unlawful for any person to turn on the water to 
any premises from which the supply has been turned off by 
_ authority of the City of Houston, without first having obtained 
a permit to do so from the Water Commissioner of the City of 
Houston. (Id., Sec. 4.) 


526 Revised Code of Ordinances 


Sec. 1437. Not to Obstruct Access to Hydrant—wNo per- 
son shall in any manner obstruct the access to any hydrant 
connected with any water pipe in any street, alley or common 
in the City of Houston, by means of any lumber, brick, building 
material or other article, or by any hindrance whatsoever. 
(Id., Sec. 5.) 


Sec. 1438. Not to Take Water From Any Public or 
Private Hydrant, Etc.—No person shall take water from any 
public or private hydrant, plug, street washer, draw-cock, 
hose-pipe, fountain, cistern, street reservoir or fountain basin, 
which shall have been filled in whole or in part from the City 
Water Department, except by order of the Chief of the Fire 
Department for the use of the Fire Department, nor shall in 
any way use or take any water for private use which is fur- 
nished by the City Water Department, unless such person 
shall first pay for the same, and receive the usual.permit from 
the Water Department so to do. (lId., Sec. 6.) 


Sec. 1439. Not to Put Animal Matter, Etc., in City Reser- 
voir—No person shall put filthy, animal matter, chips, shav- 
ings, or any substance into any City reservoir, or bathe therein, 
or do any injury thereto, or walk or ride on the turf thereof. 
(Id Sears) ; 


Sec. 1440. Not to Take Water From Public Cistern, Etc. 
—No person, unless authorized by the Water Department, 
shall, except in time of fire, take water from any public cistern 
or fire plug, or place or remove the cover from any such public 
cistern or fire plug, or place or deposit any dirt or material 
in any such fire plug, or in the box or appendage connected 
therewith, or turn any public or private stop-cock, or remove 
the cover from any private stop-cock, or permit any act tending 
to obstruct the use thereof, or injure in any manner any 
building, machinery, pipe, apparatus or fixture of the City 
Water Works.  (ld., Sec. 8.) 


Sec. 1441. Not to Make Connections; Etc.—No person 
other than the properly authorized agents of the Water De- 
partment shall be permitted to tap or make connection with 
the main or distributing pipes of the water works. (lId., 
Sec. 10.) 


Sec. 1442. Not to Make Attachments, Repairs, Etc.— 
No person shall make any attachments or connection to the 
pipes belonging to the water works or the pipes belonging to 
water consumers, nor make any repairs or additions to or 


of the City of Houston 527 


——_— —_— 


alterations in any tap, pipe, cock or other fixture connected 
with the service pipes, unless he shall have a written permit 
from the Water Commissioner. (lId., Sec. 11.) 


Sec. 1443. Service Pipe Not to Be Entered, Etc.—wNo ser- 
vice pipe shall be entered by any plumber or other person 
in any premises where a ferrule or corporation cock has been 
previously inserted, or water conveyed for the purpose of 
giving additional supply, except in conformity with and sub- 
ject to these rules and regulations; nor shall any two ferrules 
or corporation cocks be inserted into any of the distributing 
mains within the distance of eighteen inches of each other; 
nor shall any change of connection be made to any premises 
where water has been previously used, until the connection 
previously used shall have been drawn and the said opening in 
the pipe securely stopped with a brass plug, at the expense of 
the party asking the change, or when a corporation cock is 
used the same shall be turned off. (lId., Sec. 12.) 


Sec. 1444. Report of Connection to Be Made, Etc.—With- 
in forty-eight hours after completing any attachment or con- 
nection, or making any repairs, additions or alterations, the 
plumber shall make a true return, in writing, on the permit, 
of all the work done by him under such permit, and file the 
same in the office of the Waterworks. (Id., Sec. 13.) 


Sec. 1445. Owner to Keep in Repair, Etc.—The service 
pipe from the main, including the connection, lead pipe to curb, 
stop-cock, and box, is the property of the owner of the prem- 
ises, all of which, and all pipe fixtures connected therewith, 
must be kept in good repair and protected from the frost, and 
the occupant of the premises must prevent all unnecessary 
waste of water. (Id., Sec. 14.) 


Sec. 1446. Water Not to Run, Etc.—No water shall be 
permitted to be running when not in actual use. (ld., Sec. 15.) 


Sec. 1447. Yard Fountains to Be Used, How—Yard foun- 
tains shall not be used longer than three hours per day, unless 
specially permitted, and on additional payment, and the right 
is reserved to suspend their use whenever the public exigency 
may require it. (Id., Sec. 16.) 


Sec. 1448. Hours for Sprinkling—No person shall sprin- 
kle any lot, street or sidewalk between the hours of 8 o’clock 
a.m. and 5 o’clock p. m., nor more than three (3) hours in 
any day. (Id., Sec. 17.) 


~ 


528 | Revised Code of Ordinances 


Sec. 1449. Feed Pumps to Take Water, How—Feed 
pumps for supplying water to steam boilers will not be per- — 
mitted to take water directly from the service pipes, but must 
be drawn from an open receptacle into which the water has 
been previously discharged. (Id., Sec. 18.) 


Sec. 1450. Construction for Supplying Boilers—In all 
cases where boilers are supplied, the plumbing shall be done 
in such manner as will prevent the hot water from backing into 
the meter. The owner of.the premises will be held responsible 
for all damages to meters resulting from hot water backing 
up into them. (Id., Sec. 19.) 


Sec. 1451. Water to Be Applied as Stated in Application 
—No person shall apply water to any use different from that 
named in the written application, nor shall any consumer 
supply water to other persons, or to other families, or suffer 
them to take water, except for use on the premises for the 
purposes specified in the application; nor shall any person, 
after water is introduced into any building, or upon any prem- 
ises, make or.employ any plumber or other persons to make 
any tap or connection with the works upon his premises, for 
altering, repairing, extensions or attachments, without a writ- 
ten permit from the Water Department, specifying the par- 
ticular change to be made. (Dec. 16,-19073 Ord. BkoZ) p4bl5 
Sec. 5.) 


Sec. 1452. Not to Make Connections With Private Sup- 
ply Pipes—No person shall in any case make connection with 
the supply pipes of another consumer of water unless, first, 
connection is made with the consent of the owner of the supply 
pipe; and unless, second, such connection is made on the side- 
walk or in the street, and not on the premises of the owner 
of the supply pipe; nor shall such connection be made in any 
case except on written application to the Water Department, 
signed by the person desiring to make same, and on the per- 
mit from the Water Department. (lId., Sec. 6.) 


Sec. 1453. Penalty—Any person: violating any of the 
foregoing provisions of this chapter shall, on conviction there- 
of, be fined in any sum not less than One Dollar nor more than 
Two Hundred Dollars, and shall also be liable for any dam- 
ages to persons or property caused by reason of such violation. 
(Oct. 30, 1906; Ord. Bk. 2, p. 385, Sec: 20; and Dec. 16, 1907, 
Ord. Bk. p. 451, Sec. 7.) 


of the City of Houston 520 


—— aiee! 


Sec. 1454. Rules, Regulations, Etc., for Protection, Etc.— 
The following by-laws, rules and regulations for the manage- 
ment and protection of the waterworks are hereby: approved 
by the City Council, and the same shall have the force and 
effect of ordinances of the city: 


Rule 1: All connections shall be provided with a stop- 
cock, placed in a cast-iron box, leading from the same to the 
surface of the sidewalk; the cover of which box shall have 
the word “Water” thereon, and the same shall be placed in 
the sidewalk, within one foot of the line of the curbstone, 
so that the word “Water” can be read from the sidewalk. 


Rule 2. In all cases where two or more distinct premises 
or tenements are supplied with water from one connection, 
the person controlling the main stop-cock must pay the water 
rents for all premises thus supplied, as separate water bills 
will not be made unless separate and distinct stop-cocks shall 
be placed on the outside of each of such premises at such places 
as the Water Commissioner may direct. 


Rule 3. Every service pipe must be provided with a stop 
and waste-cock or valve at the entrance of the pipe into any 
cellar or building, or before any branch is taken off such pipe, 
and a nipple of two feet length, with a union attached, inside 
the stop and waste-cock; also with a stop and waste-cock or 
valve for each separate tenement or place supplied with water 
on all risers, all to be easily accessible and so situated that the 
water can be conveniently shut off and drained from the pipes. 
Every pipe supplying a bath room or water closet shall not be 
less than one-half (14) inch. 


Rule 4. All stop-cocks and other fixtures used by plumb- 
ers shall be subject to the inspection and approval of the Water 
Department. 


Rule 5. Water will not be furnished where the only fix- 
ture for obtaining it is from the street washer or hydrant 
placed in the sidewalk; nor will water be furnished for the 
partial supply of any premises unless it be through a meter, 
set at the expense of the owner of such premises. No hydrant 
or street washer shall be placed in any yard, or common area in 
any premises, so situated as to be accessible to persons living 
in or occupying adjoining premises, unless the person control- 
ling said hydrant or street washer becomes responsible for and 
pays the water rent for all persons so accessible who shall neg- 
lect or refuse to pay for water. No branch shall hereafter be 


530 Revised Code of Ordinances 


—_ 


taken off of a service pipe until after it enters the cellar or 
building (that is, either a basement or some room of a build- 
ing). 

Rule 6. In all cases where there are two or more distinct 
houses or tenements on a lot without dividing fences, or where 
there are gates in the fences, the water will not be turned on 
to one tenement unless such gates are permanently fastened, 
or division fences are put up, or the water rent paid for each 
tenement. 


Rule 7. No water taker will be allowed to supply water 
to others except by special permit from the Water Commis- 
sioner; if found doing so without a permit, the supply will be 
stopped and the water rent already paid forfeited. 


Rule 8. Minals with stop-cocks to be turned on by hand, 
unless self-closing, are not permitted. 


Water closets must be fitted to be operated by the regular 
water closet valves of the different makes; the valves known 
as the Hopper valve, with continual flow while in use, will 
not be allowed; the use of ordinary draw-cocks in connection 
with water closets will also not be permitted. 

Hydrants set over slop sinks must be self-closing. 

Water troughs must be provided with a float valve to pre- 
vent overflowing and the owners of. troughs must keep the 
same in good working order. 


Rule 9. The Water Commissioner and other employees in 
the Waterworks shall have free access at all reasonable hours 
of the day to all parts of any premises to which water is sup- 
plied. 


Rule 10. Service pipes intended: for fire protection, or 
for supplying power for elevators or other hydraulic motors, 
must not be tapped or used for the general supply of the prem- 
ises; such supply must be taken through a separate service 
pipe. 


Rule 11. In case of fire, the Fire Department shall have 
the right to use any hydrant, cistern, hose, pipe or other fix- 
ture supplied wholly or in part from any service pipe used 
for fire protection. 


Rule 12. No service pipe for fire protection will be allowed 
in premises that do not also have a pipe for the general use 
of same. 


of the City of Houston SB. 


os - - - ie == ee 


Rule 13. No service connection for fire protection or hy- 
draulic motors shall be made larger than six (6) inches. 


Rule 14. All service pipes for supplying hydraulic eleva- 
tors or other large motors must have suitable air chambers 
attached thereto, for the purpose of preventing water-ram in 
the pipes. And the owner or users of such elevators or motors 
must keep the same in good repair, so as to prevent all leakage 
or waste of water. They shall also, at their own expense, have 
placed in all service pipes intended for fire protection, or for 
supplying hydraulic elevators or other hydraulic motors, wa- 
ter meters, that shall record accurately the quantity of water 
used, and such meters shall be approved by the Water Com- 
missioner. | | 


Rule 15. Any person desiring to pay by meter measure 
in preference to assessed rates, can, upon application to the - 
Water Commissioner, have meters set on the service pipes sup- 
plying his premises at his own expense. 


Rule 16. All meters, whether private or belonging to the 
Waterworks, shall be set by employees of the Department. If 
the meter gets out of order and fails to register, the consumer 
will be charged at the average daily consumption, as shown 
by the meter when in order. All water that passes through 
the meter shall be charged for, whether used or not. 


Rule 17. In all cases where private meters are to be ap- 
plied, whether upon the order of the Water Commissioner, or 
upon application of a consumer or owner of premises, the total 
charges, comprising the setting of the meter, and a suitable 
meter vault or box, must be paid in advance at the office of 
the Water Department. 


Rule 18. Owners shall protect all private meters from 
frost or injury of any kind, but such meters shall not, under 
any circumstances, be removed, for repairs or otherwise, by 
any person except an employee of the Waterworks, working 
under the direction of the Commissioner. The Commissioner 
is authorized ‘to withhold the supply of water until the condi- 
tions of these rules are complied with. The owner of the 
premises will be held responsible for all damages to meters 
from frost when meters are set in basements. 


Rule 19. The city will repair all private meters whenever 
deemed*necessary at the expense of the owner. 


Rule 20. The Water Commissioner shall, whenever in his 
opinion it is deemed necessary, test any private meter; and 


532 Revised Code of Ordinances 


4 —- 


any meter found to vary five or more per cent from the correct 
amount: shall be removed or repaired at the expense of the 
owner. All meters shall be tested before being set, and they 
shall be set as near the curb line as possible. 


Rule 21. Whenever a meter is set, whether in the sidewalk 
or area vault, or in any part of the basement of any building, 
the space occupied by the meter and the box for the same must 
at all times be kept free from rubbish or obstructions of any 
kind. 


A deduction may be made for water used through fire serv- 
ice pipes to which a meter is applied for the purpose of putting 
out or preventing the spreading of fire; provided, however, that 
such use of water be immediately reported to the Water Com- 
missioner in writing, otherwise the same shall be paid for ac- 
cording to the regular meter rates. 


Rule 22. Permission to use water for building purposes. 
will be issued only upon a certificate of the architect of the 
work to be done, specifying the number of bricks, perches of 
stone, cubic yards of concrete, square yards of plastering, and 
amount of work of any other character for which water will | 
be required. All water used for building purposes shall be 
paid for in advance at assessed rates, unless a meter is set by 
the city at the expense of the owner or contractor, at the op- 
tion of the Water Commissioner. 


Rule 23. The charges for all water used for building pur- 
poses in the City of Houston shall be paid to the Water De- 
partment in advance, and the Inspector of Buildings shall, be-. 
fore granting any permit to erect, repair, change or alter any 
building, first require the owner or applicant for such permit 
to exhibit a receipt from the Water Department, showing that 
said applicant has fully complied with Rule 22, and upon the 
refusal of said owner or applicant to produce said receipt, the 
said Inspector shall refuse to grant such permit. 


Rule 24. The Mayor or Water Commissioner shall have 
the right to apply a meter to any service pipe, in case he or 
they may deem it advisable. 


Rule 25. All charges for water will be made against the © 
premises supplied, and may be paid either by the owner or by . 
the tenants; owners, however, shall be so far responsible for 
tenants that new tenants shall not be entitled to a supply until 
all arrearages on the premises are paid. 


of the City of Houston 533 


Rule 26. If any person shall refuse or neglect to pay the 
water rent when due, or shall refuse or neglect to pay for con- 
nections made and for repairs made on service pipes or pri- 
vate meters, or permit any, waste or use of water coutrary to 
these rules and regulations, or in violation of any ordinance of 
the city, the water shall be immediately turned off, and not 
turned on again until all back rent and other charges and 
damages shall be paid. In case the water has been turned off 
on account of waste or unauthorized use of same, the Water 
Commissioner shall charge and collect the further sum of One 
Dollar for turning it off and One Dollar for turning it on. He 
may also, at his option, require such person to have a private 
meter set in the service pipe supplying such premises. 


Rule 27. In cases where the water has been turned off 
for non-payment of. water rent, or for any other cause, and 
it is found turned on again, or when, in the opinion of the 
Water Commissioner, the turning off of the water at the stop- 
cock is not a sufficient protection against the use or waste of 
the water, the Water Commissioner may cause the ferrule to 
be drawn or the corporation cock to be turned off and dis- 
continued. Upon a re-application for water, where the service 
pipe has been so discontinued, an additional charge of Five 
- Dollars for re-inserting or re-connecting will be made. 


Rule 28. In all cases where any servant, apprentice or mi- 
nor Shall be guilty of any violation of the preceding rules and 
regulations, the master, mistress, employer, parent or guard- 
ian of such person shall be held responsible for such violation. 


Rule 29. The consequence of a violation of any of the pre- 
-ceding rules will be the stoppage of the supply of water with- 
out any preliminary notice, and the water will not be restored 
except upon the payment of all damages, and upon a satisfac- 
tory understanding that no future cause of complaint shall 
arise. (Oct. 30, 1906; Ord. Bk. 2, p. 335, Sec. 21.) 


Sec. 1455. Water Rents Due and Payable First of Month 
‘in Advance—All water rents will be due and payable on the 
first day of each month, in advance, at the office of the Water 
Department of the City of Houston, in the City Hall; if not 
paid within ten (10) days after they fall due, the city reserves 
the right to disconnect from the main pipe without further no- 
tice, and not connect back again until all back dues are paid; 
and if not paid by the 20th day of the succeeding month, the 
officers and employees of the city must and shall disconnect 


the consumer from the main pipe. And this duty is charged 
41 


534 oily Revised Code of Ordinances 


upon the person in charge of the service connections of the 
Water Department; and if through failure to perform said 
duty the said water rent shall remain unpaid for twenty (20) 
days after the said date fixed by this section for the perform- 
ance of said duty, said employee shall be personally liable to 
the city therefor, and be subject to dismissal from the city’s 
service. (Amendment April 5, 1909; Ord. Bk. 2, p. 507, Sec. 1.) 


Sec. 1456. Cash Payments on or Before Tenth of Month, 
Allowed Discount of 5 Per Cent—AIl water bills paid cash in 
full, either in advance or on or before the 10th day of the 
month succeeding the month in which the water was furnished, 
shall be allowed a discount of five per cent on account of such 
cash payment, and in no other case shall the officers or em- 
ployees of the city discount or scale any bill for water and the 
violation of this provision shall render the person violating 
same personally responsible to the city for the amount scaled, 
and subject such person to dismissal from the city’s service. 
(Amendment Dec. 27, 1910; Ord. Bk. 3, p. 20, Sec. 1.) 


Sec. 1457. Consumers Not Entitled to Specific Quantity 
or Pressure; Use of Water Through Fire Plugs; Penalty— 
Water consumers are not guaranteed a specific quantity or 
pressure of water for any purpose whatever, and water shall 
not be supplied in any case to any other purpose than that 
named in the permit; and no officer, agent or employee of the 
city shall have authority at any time to connect or agree for, 
or on behalf of the city to furnish or guarantee a specific quan- 
tity of water, or to furnish or guarantee any particular pres- 
sure of water; but it is understood in every case that the per- 


son making connection with the waterworks system does so . 


with the understanding that the city is simply to furnish a 
connection with its water system, and is in no case to be held 
to any lability for failure or refusal to furnish water, or any 
particular amount or pressure of water, and in all cases where 
the city has permitted its water system to be connected with 
fire plugs, or other fire protection devices upon property of citi- 
zens, no charge shall be made for such fire protection service in 
the absence of actual use of water or waste of water; provided, 
that when water is used or wasted through such fire protection 
service, it shall be paid for at the regular meter rate; and pro- 
vided, further, that the use of water through such fire protec- 
tion service at any time for purposes other than fire protec- 
tion by any person shall be deemed an offense, and upon con- 
viction thereof in the Corporation Court, the person so using 
water in violation of this section shall be punished by a fine in 


OO 


of the City of Houston 535 


any sum not less than Twenty-five Dollars ($25.00) nor more 
than Two Hundred Dollars ($200.00) for each offense, and in 
addition to said penalty such connection for fire protection 
shall be immediately cut off from said premises and the fire 
protection service discontinued. 


The use of black wrought iron pipe is prohibited and forbid- 
den, and the city reserves the right to refuse to furnish water 
through any such service pipe. 


The city also reserves the right to refuse to furnish water 
through pipe not buried to a depth of two (2) feet between 
the curbs and one (1) foot in that portion of the street between 
the curb and the property line. (Amendment Jan. 17, 1910; 
OrdiBiees epo49 Seq cle) 


Sec. 1458. Written Application to Be Made for Water, 
. Etc.—Written application for the introduction of water in any 
premises shall be made in all cases, and shall be made in the 
handwriting of the applicant, specifying the streets and the 
number, and such application must state fully and truly all 
purposes for which the water is desired, and no different or 
additional use will be allowed, except upon application to and 
by the consent of the city. Such written application shall fur- 
ther have incorporated therein the substance of Section 1457. 
(Dec. 16, 1907; Ord. Bk. 3, p. 451,. Sec. 3.) 


Sec. 1459. Water, to Be Furnished Owner Building, Etc., 
Only—Water will not be furnished in any case to any person 
other than the owner of the building or premises on which the 
water is furnished, and such owner or owners shall be liable 
for all water furnished to said premises, whether there be one 
or many tenants thereon, and the city will not in any case fur- 
nish water to tenants on their own responsibility, or look to 
the tenant for payment for water furnished to the particular 
premises; and unless the owner of the property or premises 
pays the water rent for all water furnished on the premises 
in accordance with the ordinances of the City of Houston, such 
water will be cut off. (Id., Sec. 4.) 


Sec. 1460. Consumer May Obtain Test of Water Meter; 
Method—That in case any consumer of water may question 
the correctness of a water meter of the City of Houston, he can 
obtain a test of said meter in the manner following: 

He shall deposit with the Commissioner or other person 
in charge of the Water Department the sum of Two Dollars 
($2.00), together with a written application, signed by the per- 


536 Revised Code of Ordinances 


son questioning the correctness of the meter, in terms as fol- 
lows: 


water=meter-at Novato NAO) RRR Rese Yh ah ha oA ile sy Street. 
And I deposit herewith the sum of Two Dollars ($2.00). If 
the test of said meter shows it registers more than 100 per 
cent of the water delivered, the said sum of Two Dollars 
($2.00) is to be returned to me; if the test of said meter shows 
a register of 100 per cent or less of the water delivered, the 
said sum of Two Dollars. ($2.00) is to be retained by the city 
as compensation for the expense and trouble of making the 
test; and I agree to abide by the result of said test, and agree 
that if the said test shows that my bill is correct, that I will 
pay same without further question or delay; and that if said 
test shows that the meter has erred in my favor, that I will 


pay the bill as increased according to the meter test without ° 


delay; and that if said test shows that said meter has erred 
against me, I agree to pay the bill as corrected in my favor 
without delay. 
Consumer. 
(April 5, 1909; Ord. Bk. 2, p. 508, Sec. 1.) 


Sec. 1461. Test—On the filing of said written petition, 
signed in person by the party questioning the meter, and the 
deposit of the said sum of Two Dollars ($2.00) with the Water 
Commissioner or other person in charge of the Water Depart- 
ment, the meter objected to shall be removed in the presence of 
the party objecting to same, or his agent appointed by him, and 
taken to the Meter Department at the Pumping Station of the 
Houston Waterworks System, and there be accurately and 
thoroughly tested by the Standard Water Meter Tester, manu- 
factured by the H.' Mueller Mfg. Company of New York City. 
And in said test the correctness of the meter shall be deter- 
mined by comparing the reading of the meter with the weight 
of the water, and also by comparing the reading of the meter 
with the volume of the water, as shown by the contents of the 
Testing Tank. The party complaining of the meter must be 
present at said test, and at the removal of the meter, either in 
person or by his agent, or the test will not be made. And the 
party questioning the meter has the right to appoint any com- 
petent expert to be personally present at the testing of the 
meter and to participate in same. (lId., Sec. 1.) 


Sec. 1462. After Test—Should the test of the meter com- 


plained of so made show that said meter registers more than. » 


ee ee ee eS 


of the City of Houston 537 | 


100 per cent of the water delivered, the bill of the party com- 
plaining of the meter since his last payment shall be corrected 
according to the result of the test, and the meter shall be re- 
placed by a correct meter, accurately tested before it is placed 
in service. On the contrary, should the test show that the me- 
ter registers less than 100 per cent of the water delivered, the 
bill of the party complaining since his last payment shall be 
increased in accordance with the test, and the party applying 
for the test shall pay said bill as increased, and in such event 
the city shall replace said defective meter with a good one, 
which has been accurately tested before being placed in serv- 
ice. If the result of the test shows that the meter has regis- 
tered more than 100 per cent of the water delivered, the Two 
Dollars ($2.00) deposit shall be returned to the consumer com- 
plaining. But if the result of the test shows that the meter 
has registered 100 per cent or less of the water actually deliv- 
ered, in such event the Two Dollars ($2.00) deposit shall be 
retained by the City of Houston as compensation for the ex- 
pense and trouble of making the test. (Id., Sec. 1.) 


Sec. 1463. Scaling of Water Bill, Etc., Unlawful—Any 
scaling or reduction of a water bill as shown by a meter is un- 
lawful and is prohibited, unless such reduction is made in ac- 
cordance with and as shown by an official test of the meter, as 
above described. And any officer or employee of the City of 
Houston scaling or reducing any meter bill, except in accord- 
ance with such official test, shall be personally responsible for 
the reduction in the bill, and shall be dismissed from the city’s 
service therefor. 


A correction of a meter bill as the result of testing the me- 
ter, whether the bill be increased or diminished, shall never 
extend to any period before the last payment of the bill. (1d., 
Sec. 3.) 


Sec. 1464. Charges for Water, Where no Meter—The 
charges for water service by the Water Department of the 
City of Houston to consumers not having a meter shall be as 
follows: 


Houses of one, two'and three rooms, having a closet, sink 
and rise, or less, 50 cents per month. 

Houses of four or five rooms, having bath, closet, sink and 
rise, and one head of stock, or less, 75 cents per month. 

Houses of six or seven rooms, with bath, closet, sink and 
rise, and one head of stock, or less, $1.00 per month. 


538 | Revised Code of Ordinances 


Houses of eight or nine rooms, with bath, closet, sink, rise, 
basin and one head of stock, or less, $1.50 per month. 


Houses of ten or eleven rooms, having bath, closet, sink, rise, 
basin and one head of stock, or less, $2.00 per month. 


Houses of twelve or thirteen rooms, with bath, closet, sink, 
rise, basin and one head of stock, or less, $2.50 per month. 


For each additional closet or bath, 50 cents per month extra; 
and each additional opening, 25 cents per month extra. 


Small grocery stores, $1.50 per month. | 


Boarding houses, $2.50 per month; for each additional room 
above thirteen, 25 cents per month extra. 


By the term “house” is meant a private residence, or a house 
occupied by a family as a domicile exclusively. 


By the term “‘room”’ is meant an apartment of a house which 
is used for residence, including kitchen and servant’s room, 
whether they be under the same roof or other apartments, or 
separate; but shall not be construed to include halls making 
access to the house or connecting one portion of the building 
with another, or to include closets or divisions of the building 
used exclusively for the storing of provisions, table ware, cloth- 
ing, and the usual plunder found about private residences; nor 
to include bath rooms. (May 25, 1908; Ord. Bk. 2, p. 549, 
Sec. 1.) 


Sec. 1465. Charges for Water Furnished Through Meter 
—Rates to be charged for water service furnished through 
meters shall be as follows: 


For all water passing through meter up to: 


One million gallons. eee 15 cents per ’1000 gallons 
One to five million gallons... 14 cents per 1000 gallons 
Five million to ten million gallons...12 cents per 1000 gallons 
Ten million to fifteen million gals....11 cents per 1000 gallons 
Fifteen million to twenty million...10 cents per 1000 gallons 
Twenty million gallons or more.... 9 cents per 1000 gallons 


Provided that the rates heretofore in effect shall apply until 
and up to the first reading of the meter in the month of April, 
A. D. 1911. (Amendment April 17, 1911; Ord. Bk. 3, p. 26, 
Sec. 1.) Pe 


See ee ee Eee ieee 


of the City of Houston ies 


Sec. 1466. Tapping Charges—That tapping charges shall 
hereafter be as follows: 


Bor = ca-ineb connection. 2 tas a 5 14.00 
Hor lame tNChe Conner leat 2. suse. tees 16.00 
ROY anche cCONMeCUION ge tae cle 20.00 
Homi eines COnViCCLion hiss a eae ee 25.00 
Bol Zones counecuion. 24 eu 35.00 
For 2)4-inch connection... as... 40.00 
HI oom ICO CONNECTIONS sx uta ny es 60.00 
Portas INC COMNeCbLON:. <2 80.00 
For 6 -inch connection... SRE ae he Mee 100.00 
BEI CKePaAVeMient, aikido ct) ooest oso, Cen 5.00 per connection 
Pep hel lips Ver Gn rota as ra es 4 4.40 per connection 
iravelyl avementiies el ey aa 2.00 per connection 
HCl aVeENiGlittaecm sacs ek eae ma feet 2.00 per connection 
(Id., Sec. 1.) 


Sec. 1467. Charges for Rental of Meters—That from and 
after the first day of August, A. D. 1910, the monthly charge 
for meter rentals by the Water Department of the City of 
Houston shall be as follows: 

For each meter having a %-inch up to and including a 
3/,-inch connection, fifty cents (50c) per month. | 
For each meter having a 1l-inch connection, seventy-five 
cents (75c) per month; provided, that the monthly payments 
herein specified shall be applied to the cost of purchasing and 
setting said meters, and that when the sum of monthly pay- 
ments shall equal the cost to the city of furnishing and setting 
the meter, they shall not be required to pay other or further 
monthly rentals; and provided, further, that persons whose 
connections have been metered prior to the first day of August, 
A. D. 1910, and who have been paying monthly meter rentals 
on connections 1 inch or less in diameter, shall be entitled to 
the benefits of this section, and shall, when the total monthly 
rentals equal the cost of procuring and placing a meter, not be 
required to pay other or further monthly rentals. But the me- 
ter and connections in either case shall remain the property of 
the City of Houston, as heretofore; and provided further, that 
the minimum charge per month for water furnished by meter 
shall be fifty cents (50c). (Amendment July 18, 1910; Ord. 

Bk, p.-578; Sec.-L) 


Sec. 1468. Connections Larger Than One Inch Metered, 
Etc., at Expense Owner—That all connections larger than 1 
inch shall be metered at the immediate expense of the owner 
of the property served, and shall be paid for in advance, both 
as to cost of meter and cost of setting same, in accordance with 


540 Revised Code of Ordinances 


Rule 17 of an ordinance passed by the City Council on the 29th 
day of October, A. D. 1906. (lId., Sec. 2.) 


Sec. 1469. Meters and Meter Box to Remain Property of 
City; Unlawful to Interfere With; Penalty—All water meters 
and the meter box enclosing same shall be and remain the prop- 
erty of the City of Houston, and no person other than a duly 
authorized agent of said city shall open said box or interfere 
in any way with the meter therein. Any person violating this 
section shall be guilty of an offense, and upon conviction there- 
of in the Corporation Court shall be fined in any sum not less 
than One Dollar ($1.00) nor more than One Hundred Dollars 
($100.00). (May 25, 1908; Ord. Bk. 3, p. 549, Sec. 5.) 


AR TICGE 3: 
CONSTRUCTION OF LATERALS BY INDIVIDUALS. 


Sec. 1470. Persons, Etc., May at Their Own Expense, 
Connect With Water Mains, Etc.—That any and all persons 
or property owners who own or control property which is situ- 
ated within such distance on either side of a main water pipe 
in the City of Houston, Texas, as in the opinion of the City 
Council of said city, or such officer as may be designated. for 
the purpose, makes it practical to connect with such main wa- 
ter pipe, may at his or their own cost and expense lay and con- 
struct lateral water pipes in and along the streets and ways 
of said city to connect with such main water pipe, upon the 
following conditions: (May 6, 1907; Ord. Bk. 2, p. 389, Sec. 1.) 


Sec. 1471. Shall Obtain Permit From City Council; Con- 
ditions—Such person or property owner so constructing a 
lateral water pipe, such as is mentioned in the preceding sec- 
tion, shall, before laying or constructing same, obtain a per- 
mit so to do from the City Council of said city or such officer 
as may be designated to grant such permit, and shall lay and 
construct the same at his or their own cost and expense and 
under the direction and supervision of the City Engineer of 
the City of Houston, or such other officer or person as may be 
designated to supervise and direct the laying and construction 
of same; and such lateral water pipe shall not be less than four 
(4) inches in diameter, and shall be cast iron of standard 
weight, and before being laid must be approved by the Water 
Department of the City of Houston; and must be laid and con- 
structed in conformity to the regulations of the Water Depart- 
ment of the City of Houston, and in a manner to the entire 
satisfaction of said department, and all connections to said 


of the City of Houston 541 


lateral must be made by the Water Department of the City of 
Houston; and at the time of laying such water pipe the per- 
son laying same shall furnish to the City of Houston and file in 
the Water Department thereof a complete and accurate sketch 
of said water pipe showing accurately the route, dimensions 
and all details thereof. (ld., Sec. 2.) 


ar | 
Sec. 1472. Shall Give Bond; Conditions Thereof—Such 
persons or property owners so constructing and laying such 
lateral water pipe, as hereinbefore provided, shall, before con- 
structing and laying same, enter into a good and sufficient bond 
in an amount to be determined by the Mayor of the City of 
Houston; such bond to be conditioned that they will restore the 
streets, pavements, sidewalks and passageways of the city in 
or along which such water pipes are laid and constructed to 
the same or to as good a condition as they were before the be- 
ginning of any excavation for the purpose of laying and con- 
structing such lateral water pipe, and said bond shall be fur- 
ther conditioned that the persons so laying or constructing such 
lateral water pipe shall hold the city harmless from any and 
all injuries or damages resulting to third persons on account 
of the laying and construction of such lateral water pipe, or 
in any manner growing out of the laying or construction of 
same, and that they will pay off and discharge any claim, cost, 
damage or expense which may be established by judgment or 
otherwise against the City of Houston, on account of the lay- 
ing or construction of any such.lateral water pipe, or in any 
manner growing out of or connected with the laying and con- 
struction of same. (lId., Sec. 3.) 


Sec. 1473. Connection to Be Made by. Water Depart- 
ment; Cost Paid by Applicant—Any person or persons con- 
necting with any such lateral water pipe, as is herein provided 
for, shall, before making such connection, enter into a bond 
such as is required by the provisions of the preceding section ; 
and such connection must, in every case, be made by the Water 
Department of the City of Houston; the cost of such connection 
to be paid by the person applying for the connection at the cus- 
tomary rate charged by the Water Department of the City of 
Houston for such service, to which department the applicant 
shall apply for such connection. (Id., Sec. 4.) 


Sec. 1474. Conditions Under Which Connections Can Be 
Made by Certain Persons With Any Such Lateral—If at any 
ime after the laying and construction of any such lateral wa- 
ter pipe as provided for by any person or persons who own or 


542 Revised Code of Ordinances 


control property which abuts upon the streets, passageways or 
walk of said city, wherein or along which such lateral water 
pipe is laid and constructed, or any persons who own or control 
property within such distance from such lateral water pipe, 
as in the opinion of the City Council or other officer designated 
for that purpose, makes it practical to connect with such lateral 
water pipe, shall desire to connect with same, he or they shall 
have the right and privilege of connecting with such lateral 
water pipe upon the payment to the property owner or per- 
sons who originally laid-and constructed such lateral water 
pipe and the persons who have, since the laying and construc- 
tion of same, contributed to the expense thereof, such sum as 
shall be necessary to make him or them share equally with all 
such persons who have contributed to the expense and cost of 
said particular lateral water pipe in the cost and expense of 
same, interest on previous payments not to be considered in 
arriving at such cost, or expense, provided that all such con- 
nections to said lateral water pipe shall be made with galvan- 
ized iron pipe, from the stop-cock in the curb to the point at 
' which the water is used; the stop-cock on the curb, the connec- 
tion between same and the lateral water pipe, and the inter- 
vening pipe to be laid and constructed by the Water Depart- 
ment of the City of Houston at the expense of the person mak- 
ing the connection, as prescribed in the preceding section. (Id., 
Sec. 5.) 


Sec. 1475. Persons Constructing, Etc., the Owners; Leaks, 
Valves, Etc.—The persons or property owners who have con- 
structed such lateral water pipes and those who have, as before 
provided, contributed to the cost and expense of constructing 
the same, shall be the owners of such lateral water pipes and 
subject to the provisions of this article and all regulations of 
the City Council or such officer as may be designated for that 
purpose, and they shall have the management and control of 
any such lateral water pipe constructed and laid by them as 
provided in this article; provided, that if said lateral water 
pipes are permitted to become leaky, or if said pipes or connec- 
tions burst, the owners of said lateral water pipe shall at once 
have the same repaired by the Water Department at the ex- 
pense of said owners; and the City of Houston shall discon- 
tinue the supply of water to said lateral water pipe by cutting 
off the valve at the point where said lateral water pipe goes into 
the city’s main, until such repair is made; provided, further, 
there shall be a valve on each lateral water pipe at the point 
of its connection with the city’s main, which valve shall be fur- 


of the City of Houston 543 


nished and placed at the expense of the owner of said lateral 
water pipe at the time it is connected with the main, but shall 
be at all times under the exclusive control of the City of Hous- 
ton. Said valves shall be put in by the Water Department of 
the City of Houston, but the expense shall be paid by the own- 
ers of the lateral pipe; and the connections between the said 
lateral pipes and the city’s water main shall in every case be 
made by the Water Department of the city, but at the expense 
of the owner of the lateral pipe. . (Id., Sec. 6.) } 


Sec. 1476. City May Purchase Such Laterals—lIf at any 
time hereafter the City of Houston shall desire to purchase 
any such lateral water pipe, as is in this article provided for, 
from the property owners or persons who have constructed 
or contributed to the cost of constructing the same, it shall 
have the right and privilege to do so, and shall pay therefor 
such sums as in the judgment of three disinterested freeholders’ 
of the City of Houston (same to be appointed by the Mayor) 
it would cost to construct a water pipe similar to the one so 
proposed to be purchased, and all persons and property owners 
in accepting this ordinance and in constructing lateral water 
pipes thereunder and those making connections with same, as 
- herein provided, agree and bind themselves to sell any such 
lateral water pipe, herein provided for, to the City of Houston, 
according to the provisions of this section. (Id., Sec. 7.) 


Sec. 1477. Penalty—Any person or persons who lay or 
construct any lateral water pipe herein provided for, who make 
any connection with any water main of the city for the purpose 
of making the lateral connections herein provided, without first 
having obtained a permit as required by this article, or who 
violate any of the provisions of this article as to the manner 
of laying or constructing said water pipes, or making said con- 
nections, shall, upon conviction thereof, be fined in any sum 
not less than Twenty-five nor more than One Hundred Dollars. 
(Id., Sec. 8.) 


Sec. 1478. Penalty—Any person who makes any connec- 
tion with any lateral water pipe, herein authorized to be laid 
and constructed, without first obtaining the permit required 
by this article, or without having first paid or tendered to the 
persons who constructed and who contributed to the cost of 
the construction of such water pipe, the amount which it is 
provided in this article he shall pay, shall, upon conviction 
thereof, be fined in any sum not less than Twenty-five nor 
more than One Hundred Dollars. (Id., Sec. 9.) 


544 Revised Code of Ordinances 


Sec. 1479. Work to Be Done in Accordance With Ordi- 
nance Providing Rules, Etc.—Any work done or action taken 
under this article shall be done in accordance with and in sub- 
ordination to the terms, where not inconsistent with the pro- 
visions of the articles of this chapter; provided further, that 
the benefits of this article shall not be extended to persons con- 
structing lateral water mains through property not dedicated 
to public use, as a public street of the City of Houston; nor will 
the City of Houston furnish water from its mains to lateral 
water mains constructed in property not dedicated to public 
use as a street of the City of Houston. (Id., Sec. 10.) 


of the City of Houston 545 


CHAPTER XLV. 
Weights and Measures. 


Article 1.—Sealer. 
2.—Weights and Measures. 
3.—Specific Articles, Sales of. 
4.—General Provisions Fixing Penalty, Etc. 


ARTICLE: 1. 
SEALER. 


Sec. 1480. Sealer of; Appointment; Qualification; Sal- 
ary—That there is hereby created the Department of Weights 
and Measures of the City of Houston. Said department shall 
be in charge and under the control of an officer to be known as 
the Sealer of Weights and Measures of the City of Houston, 
who shall be appointed by the Mayor by and with the consent 
of a majority of the City Council. He shall be over the age 
of twenty-one (21) years and the term of his office shall be 
two years, or until his successor has been appointed and qual- 
ified, who shall hold his office for like term. Such Sealer, be- 
fore entering upon the discharge of the duties of his office, 
shall take the constitutional oath of office, and shall execute 
and deliver to the City of Houston a bond payable to it with 
two or more good and sufficient sureties, in the sum of One 
Thousand Dollars ($1000.00), conditioned, for the faithful per- 
formance and discharge of all the duties of said office, as pro- 
vided for hereunder and as may be provided for hereafter by 
ordinance, and for the payment and accounting to the proper 
officer of said city for all moneys collected by him in the dis- 
charge of the duties of his office. That the salary of the Sealer 
of Weights and Measures shall be such as may be fixed by the 
Mayor and City Council. (Feb. 2, 1914; Ord. Bk. 4, p. 79, 
Sec. 1.) 


Sec. 1481. Deputy Sealers; Appointment, Qualification, 
Etc.—That there shall be such deputy Sealers of Weights and 
Measures as the Mayor may appoint, who shall take the oath 
and give bond in the sum of One Thousand Dollars ($1000.00), 
conditioned as provided for the Sealer, and receive such com- 
pensation as the Mayor with the approval of the Council may 

fix. They shall serve at the will of the Mayor. (Id., Sec. 1.) | 


546 Revised Code of Ordinances 


Sec. 1482. Sealer to Purchase, Etc.; Standard of Weights 
and Measures; Custodian; Power of Sealer—-That the Sealer 
of Weights and Measures shall procure through the Purchas- 
ing Agent-a complete set of accurate weights and measures and 
shall cause the same to be tried, proved, sealed and certified to 
by the official custodian of weights and measures of the State 
of Texas or by the National Bureau of Standards of the 
United States. Thereafter such weights and measures shall 
be the standard of weights and measures for the City of Hous- 
ton and for all venders therein. The Sealer shall be the custo- 
dian of such standard set of weights and measures, and the 
same shall at all times conform to the standard of weights and 
measures established and prescribed by law. The Sealer shall 
prescribe the amount of tolerance to be allowed on weights and 
measures. (Id., Sec. 3.) 


Sec. 1483. Duties of; Supervision and Control of Weights 
and Measures and Sales Thereby—It shall be the duty of the 
Sealer of Weights and Measures to devote his entire time to 
the duties of his office; to visit from time to time as may be 
necessary all places in said city where weights, scales or meas- 
ures of any kind or character are used, and to inspect the same, 
and for that purpose it shall be lawful for him, and he is em- 
powered, at any reasonable hour, to enter any storehouse or ~ 
other building where any such weight, scale or measure is used, 
or where he believes the same is being used; that said Sealer 
of Weights and Measures shall have supervision and control of 
all matters relating to weights and measures, and sales there- 
by, and he is charged with the enforcement of all laws and 
ordinances relating or pertaining to weights and measures, or 
sales thereby or therewith and such other and further duties 
as may be placed on him by the ordinances. (ld., Sec. 4.) 


Sec. 1484. Duties and Powers of Deputies—Where any 
duty is placed upon the Sealer of Weights and Measures under 
any ordinance of the City of Houston, the same may be per- 
formed by a duly appointed and qualified deputy, and he and 
they are granted the powers of police officers and are author- 
ized to make arrests with or without warrants where a regu- 
lar police officer would be authorized so to do. (Id., Sec. 4.) 


Sec. 1485. Duty to Inspect, Etc., Weights, Etc., Stamp 
and Issue Certificate—It shall be the duty of said Sealer of 
Weights and Measures, as soon after his appointment and qual- 
ification as possible, and of him and his successors in office, not 
less than once in each year thereafter, and as much oftener 


of the City of Houston 547 


as may in his judgment be necessary, to inspect and test the 
accuracy of all weights, measures, scales, scale beams, balances, 
steelyards, automatic and computing scales and all other in- 
struments used in weighing or measuring any articles intended 
to be purchased or sold in said city; and to stamp with a suit- 
able and permanent seal upon which shall appear the year 
when such inspection shall be made and the letters “H. S.,” 
meaning ‘‘Houston Standard,” all such weights and measures 
so used which he may find do accurately conform to the city 
standard, and deliver to the owner thereof a certificate of their 
accuracy. Such weights, measures and scales so sealed shall 
be described in such certificate with sufficient particularity so 
that the same may be identified and such certificate shall be 
signed by the Sealer or Deputy Sealer of Weights and Meas- 
ures, by whom the inspection was made. (lId., Sec. 5.) 


Sec. 1486. Register to Be Kept; Contents—lIt shall be the 
duty of the said Sealer to make a register of all the weights, 
measures, scale beams, patent balances, steelyards and other 
instruments used for weighing or measuring, inspected and 
sealed by him, in which he shall state the names of the owners 
of the same and their addresses, and whether they are con- 

formable to the standard of the City of Houston. (lId., Sec. 6.) 


Sec. 1487. Sealer and Deputies Prohibited from Vending 
Weights, Etc.—It shall be unlawful for the Sealer of Weights 
and Measures, or for either of the Deputy Sealers of Weights 
and Measures, to vend any. weights, measures, scales, scale 
beams, patent balances, steelyards, automatic or computing 
scales, or other instruments to be used for the purpose of 
weighing or measuring, or to offer or expose the same for sale, 
or be interested, directly or indirectly, in the sale of the same 
in the city, or to recommend to any person within said city the 
purchase of any particular kind, or the purchase from any par- 
ticular person, of any of the aforesaid articles. (ld., Sec. 7.) 


Sec. 1488. Incorrect, Etc., Weights, Etc., to Be Marked 
“‘Condemned,”’ and Confiscated—If the Sealer of Weights 
and Measures shall find that any weights or measures or in- 
struments for weighing or measuring are incorrect, inaccurate 
or unreliable beyond the limits of tolerance allowed, each such 
weight or other instrument for weighing shall be marked “‘Con- 
demned,”’ and such measure confiscated. (Id., Sec. 8.) 


Sec. 1489. Upon Resignation, Etc., Standard Beams, Etc., 
to Be Delivered to Controller—Whenever the Sealer of 
Weights and Measures shall resign, be removed from office, or 


548 Revised Code of Ordinances 


remove from the city, it shall be his duty to deliver to the City 
Controller all the standard beams, weights and measures in his 
possession. (Id., Sec. 9.) 


ARTICLE 2. 
WEIGHTS AND MEASURES, 


Sec. 1490. Standards Adopted; All Commodities Bought, 
Etc., by Weight, Etc., Must Be in Accordance Therewith— 
That the standards of weights and measures established and 
prescribed by the laws of the State of Texas shall be and con- 
stitute the standard of weights and measures for all venders of 
all commodities in the City of Houston. All weights and meas- 
ures used by all venders in the city shall conform to such 
standard. All commodities bought or sold by weight or meas- 
ure within the limits of the city shall be weighed or measured 
in accordance therewith. (Feb. 2, 1914; Ord. Bk. 4, p. 79, 
Sec. 2.) 


Sec. 1491. Weights, Etc., to Be Approved and Stamped 
Before Sales, Etc., Thereby by Peddlers, Etc.—That no per- 
son, firm or corporation, peddler or hawker, after April 15th, 
1914, is allowed to sell or dispose of any article of merchandise 
where it is necessary to use weights or measures in ascertain- 
ing the qualities thereof until after the weights and measures 
have been approved and stamped by the Sealer of Weights and 
Measures. A failure on the part of said dealer to comply with 
this regulation is made a penal offense subject to a fine of not 
less than Ten nor more than One Hundred Dollars for each and 
every offense. (Id., Sec. 7.) ; 


Sec. 1492. Must Be Inspected and Sealed—Every person, 
firm or corporation, using weights, measures, scale beams, pat- 
ent balances, steelyards or any instrument in weighing or 
measuring any article intended to be purchased or sold in the 
city, or in weighing or measuring any thing, commodity, mer- 
chandise, wares, person or animal for hire or reward, shall 
cause the same to be inspected and sealed by the Sealer of 
Weights and Measures in accordance with the provisions of 
this chapter, and a failure or refusal so to do shall be unlawful 
and an offense. (Id., Sec. 10.) 


Sec. 1493. Sales, Etc., in Quantities of Less Weight, Etc., 
Than Represented, Etc.; Penalty—From and after April 15th, 
1914, any person, firm or corporation, or trustee, receiver, 
agent, officer, employee or servant thereof, who shall sell or 


of the City of Houston 549 


offer for sale or permit or cause to be sold or offered for sale .- 
any commodity or article of merchandise of any kind whatso- 
ever, whether sold by dry measurement or liquid measurement, 
or linear measurement, or superficial measurement, or cubic 
measurement, or by weight, or by any unit of enumeration used 
in determining or measuring quantity, by selling or offering for 
sale or causing or permitting to be sold or offered for sale any 
commodity or article of merchandise of any kind whatsoever, 
in quantities of less weight or measure or enumeration than 
the weight or measure or enumeration represented by the vend- 
er, or his agent or employee upon such sale or offer of sale, or 
who shall sell or offer for sale or cause or permit to be sold or 
offered for sale any commodity in any receptacle containing a 
less quantity than it is represented at the time of such offer or 
sale to contain, or any article measured by dry measure that 
shall not be required by this chapter, or who shall sell or offer 
for sale or cause or permit to be sold or offered for sale any 
article of dry measurement, in other than a legal dry measure, 
or any article of liquid measurement in other than a legal liquid 
measure, or in any measure which has not been inspected and 
sealed by the Sealer of Weights and Measures in accordance 
with and pursuant to the provisions of this chapter, shall be 
guilty of a misdemeanor and upon conviction shall be fined not 
less than Five Dollars nor more than Two Hundred Dollars 
for each offense. (Id., Sec. 11.) 


Sec. 1494. Sales, Etc., of Commodities Ordinarily Sold, 
Etc., by Dry Measure by Wet Measure Forbidden—F rom and 
after April 15th, 1914, it shall be unlawful for any person, 
firm or corporation, or trustee, receiver, officer, etc., to sell or 
to offer for sale or to permit or cause to be sold or offered for 
sale by wet measure, any commodity ordinarily bought and 
sold by dry measure. (Id., Sec. 13.) 


Sec. 1495. Unlawful to Sell, Etc., Any Commodity by 
Other Standards of Weight, Etc., Than Prescribed—lIt shall 
be unlawful for any person, firm or corporation, or trustee, re- 
ceiver, officer, agent or employee thereof, to sell, or offer for 
sale, or buy or offer to buy, or to permit or cause to be sold or 
offered for sale or to be bought or offered to be bought, any 
commodity by any standard of weight or measure except the 
proper standard herein prescribed for weighing or measuring 
such commodity. (Id., Sec. 13.) 


Sec. 1496. Sale, Etc., of Commodities Ordinarily Sold, 
Etc., in Bulk by Weight or Measure Prohibited, Unless Upon 
42 


550 Revised Code of Ordinances 


or by Officially Tested Weights, Etc.—From and after April 
15th, 1914, it shall be unlawful for any vender or purchaser 
or his servant, agent or other employee in the City of Houston, 
to offer to sell, or to sell, or to sell and deliver, any commodity 
ordinarily and usually sold in bulk or quantity, by weight or 
measure, unless the same be weighed or measured, as the case 
may be, upon or by officially tested and approved weights, 
measures, scales, scale beams, patent balances, steelyards, au- 
tomatic or computing scales, or other instruments for weigh- 
ing or measuring. (Id., Sec. 14.) 


Sec. 1497. Unlawful for Vender of Commodity Ordinarily 
Sold, Etc., by Weight or Measure to Sell, Etc., Same, Unless 
He Uses Weights, Etc., Inspected, Approved and Sealed, 
Etc.—From and after April 15th, 1914, it shall be unlawful for 
any vender, whether person, firm or corporation, or trustee, re- 
ceiver, officer, agent, or employee, of any commodity which is 
ordinarily or usually sold or bought or offered for sale or pur- 
chased by weight or measure, to sell or offer to sell any such 
commodity in the City of Houston, unless in the sale or pur- 
chase thereof he uses only such weights, measures, scales, scale 
beams, patent balances, steelyards, automatic or computing 
scales or other instruments for weighing or measuring any 
such commodity so sold or offered to be sold or bought, as have 
been approved by the Sealer of Weights and Measures or his 
regularly appointed deputies, and then only after each such 
weight, measure, scale, scale beam, patent balance, steelyard, 
automatic or computing scales or other instruments for weigh- 

ing or measuring shall have been inspected and officially sealed 
and approved with the official seal and a certificate of approval 
therefor issued by the Sealer of Weights and Measures; pro- 
vided, that such certificate of approval shall not be issued for ’ 
a period to exceed one year. Changes in name, location or 
business, number or character of weights and measures shall 
be endorsed upon said certificate by the Sealer of Weights and 
Measures or his deputies. (Id., Sec. 15.) 


Sec. 1498. Wenders Prohibited from Using, Etc., Weights, 
Etc., Unless Official Seal Affixed, Etc.—From and after April 
15th, 1914, it shall be unlawful for any vender, whether per- 
son, firm or corporation, or trustee, receiver, officer, agent, 
servant or employee, to use, or to have in his or its possession 
with intent to use, or to have in his or its possession in a posi- 
tion to use, any weights, measures, scales, scale beams, patent 
balances, steelyards, automatic or computing scales or other 
instruments for weighing or measuring, unless the same have 


of the City of Houston 5od 


affixed thereon the official seal of the Sealer of Weights and 
Measures, and unless the same conform to the standard of 
weights and measures herein prescribed. (Id., Sec. 19.) 


Sec. 1499. Venders Prohibited from Selling, Etc., Orig- 
inal Packages, Etc., Commodities Ordinarily Sold, Etc., by 
Weight or Measure, Unless True Net Weight, Etc., is Plainly 
Stamped, Etc., on the Face, Etc., Unless Sold, Etc., at Such 
True Net Weight, Etc.—That from and after the fifteenth day 
of April, 1914, it shall be unlawful for any vender in the City of 
Houston, whether a person, firm or corporation, or his agent, 
clerk or other employee, or its officer, trustee or receiver, to 
sell, offer for sale or have in his possession with the intent to 
sell, or cause or permit to be sold or offered for sale in original 
packages, boxes, crates, bottles, cartons, cases, bags, sacks or 
other receptacles, any commodity ordinarily or usually sold or 
offered for sale in bulk or otherwise, by weight or measure, un- 
less the true net weight or measure of the commodity so con- 
tained shall be plainly and legibly stamped or printed on the 
face of each such package, box, crate, bottle, carton, case, bag, 
sack or other receptacle, unless the commodity so sold or han- 
dled or offered for sale is actually sold or offered for sale as of 

such true net weight or measure. (Id., Sec. 20.) 


Sec. 1500. Computing Scales—From and after April, 
1914, it shall be unlawful for any vender to use any computing 
scale which shows on either side thereof a chart of prices which 
are arithmetically incorrect in that they do not show the exact 
product of the weight and price of the commodity sold. (Id., 
Sec. 21.) 


Sec. 1501. Unlawful to Refuse to Exhibit to Sealer for In- 
spection, Any Weight, Etc.—It shall be unlawful for any per- 
son to refuse to exhibit any weight, measure, scale, scale beam, 
patent balance, steelyard, automatic or computing scale or 
other instrument used for weighing or measuring to said Seal- 
er of Weights and Measures for the purpose of having it in- 
spected. (Id., Sec. 16.) 


Sec. 1502. Unlawful to Obstruct, Etc., the Sealer and 
Deputies—It shall be unlawful for any person in any way or 
manner to obstruct, hinder or molest the Sealer of Weights 
and Measures or his deputies in the performance of their du- 
ties as hereby imposed: (Id., Sec. 17.) 


Sec. 1503. Unlawful for Any Person Except Sealer and 
Deputy, to Change, Etc., Officially Tested and Sealed 


552 Revised Code of Ordinances 


Weights, Etc., or Remove Seal or Tag, or Deface Same— 
That it shall be unlawful for any person, except said Sealer or 
deputy, to change, alter, adjust, modify or in any wise tamper 
with any officially tested and sealed weights, measures, scales, 
scale beams, patent balances, steelyards, automatic or comput- 
ing scales or other instruments for weighing or measuring, or 
to attach or remove the official seal or any condemning tag of 
the Sealer of Weights and Measures, or any imitation thereof, 
to or from any weights, measures, scales, scale beams, patent 
balances, steelyards, automatic or computing scales or other. 
instruments for weighing or measuring; or to deface such seal 
or tag or tamper with the same. (Id., Sec. 18.) 


ARTICLE 8. | 
SPECIFIC ARTICLES, SALES OF. 


Sec. 1504. WVenders to Sell, Etc., Coal, Etc., on Basis True 
Net Weight—From and after April 15th, 1914, it shall be un- 
lawful for any vender, whether person, firm or corporation or 
his servant, agent or employee, in the City of Houston, to offer 
to sell, to sell, or to sell and deliver any coal, coke, hay, straw, 
grain, or other feedstuffs unless the same be sold upon the basis 
of the true net weight thereof. (Feb. 2, 1914; Ord. Bk. 4, p. 
Ts Sechk22.) Risse 


Sec. 1505. Hundred Weight Coal, Etc.; Ton—That in the. 
sale of coal, coke, charcoal and briquettes, the hundred weight 
shall consist of one hundred pounds avoirdupois, and twenty 
such hundred weight shall constitute a ton. (Id., Art. 23.) 


Sec. 1506. Coal, Etc., in Sacks; True Net Weight to Be 
Marked Thereon—From and after April 15th, 1914, it shall 
be unlawful for any vender to sell, or to offer for sale, or have 
in his possession exposed for sale, coal or coke or briquettes by 
the sack in the City of Houston, unless each sack contains fifty 
(50) pounds, one hundred (100) pounds, one hundred and 
twenty-five (125) pounds, or one hundred and fifty (150). 
pounds, net weight of such coal, coke, or briquettes, and unless 
the true net weight thereof be plainly marked or printed on 
each of such sacks. (Id., Sec. 24.) 


Sec. 1507. Venders of Coal, Etc., to Provide Drivers With 
Delivery Tickets; Contents—From and after April 15th, 1914, 
any person, firm or corporation engaged in the business of sell- 
ing coal, charcoal, coke or briquettes in the city, to be delivered 


in said city to any person, firm or corporation not engaged in 
\ 


of the City of Houston 553 


the business of selling coal, charcoal, coke or briquettes, shall 
provide the driver of the wagon or conveyance with a delivery 
ticket bearing the name of the person, firm or corporation sell- 
ing such fuel, showing the net weight of the fuel, and the name 
and address of the purchaser of said fuel, which said delivery 
ticket shall be delivered by the driver in charge of the wagon 
or conveyance to the purchaser or his agent or representative 
at the time of the delivery of the fuel. (Id., Sec. 25.) 


Sec. 1508. Verification of Weight Shown by Delivery 
Ticket; Seals That May Be Used; Deposit to Cover Cost Re- 
weighing, Etc.; Seller to Pay When; Penalty—From and after 
April 15th, 1914, every person in charge of a wagon or convey- 
ance used in delivering coal, charcoal, coke or briquettes, to 
whom the delivery ticket mentioned in the previous section has 
been given, shall on demand of the Sealer of Weights and 
Measures of the City of Houston, or any of his deputies, or the 
purchaser or intending purchaser of the fuel being delivered, 
produce and deliver said delivery ticket, and whenever said of- 
ficer or any of his deputies, or the purchaser or intending pur- 
chaser shall demand that the weight shown by such delivery 
ticket be verified, it shall thereupon become the duty of the 
person delivering such fuel to convey the same forthwith to 
some public scale selected by the Sealer of Weights and Meas- 
ures of the City of Houston or any of his deputies, or the pur- 
chaser or intending purchaser of the fuel being delivered in 
the particular locality where the coal, charcoal, coke or briq- 
ettes is to be delivered or to any private scale in the particular 
locality where the owner thereof shall consent to such use, and 
permit the weighing of the coal, charcoal, coke or briquettes, 
together with the conveyance and equipment, for the purpose 
of ascertaining the gross weight thereof, and shall, after the 
delivery of such fuel, return forthwith the conveyance and 
equipment used in the delivery of such coal, charcoal, coke or 
briquettes to the same scale and permit the weighing of said 
conveyance and equipment for the purpose of verifying the net 
weight of the coal, charcoal, coke or briquettes, as shown by 
the delivery ticket; provided, however, that if the driver of 
the wagon or conveyance requests the privilege of reweighing 
said coal, charcoal, coke or briquettes and wagon on other and 
different scale from that selected by the Sealer of Weights and 
Measures of the City of Houston or any of his deputies, or the 
purchaser or intending purchaser, said Sealer of Weights and 
Measures, or his deputy, or the purchaser or intending pur- 
chaser, shall consent to such reweighing on some other scale in 


554 Revised Code of Ordinances 


the particular locality; provided, that should the reweighing 
be demanded by the purchaser or the person to whom the coal 
or fuel is to be delivered, said person shall, before said coal or 
fuel shall be reweighed, deposit with the official that is called 
upon to do the weighing the sum of Fifty Cents for each load 
that is to be reweighed, and in the event that it be ascertained 
that the delivery ticket correctly shows the net weight, said 
official shall pay over to the vender of said coal or fuel the rea- 
sonable expense of rehauling of said fuel, not to exceed the 
amount so deposited. 

That where a reweighing of the coal, charcoal, coke or 
briquettes shows the weight indicated on the delivery ticket to 
be more than the actual weight of same as shown by the actual 
reweighing, in that event the seller of the above named com- 
modity shall pay all expenses connected with said reweighing. 
In the event of the seller refusing to pay said expenses of re- 
weighing he shall be subject to a fine of not less than Ten nor 
more than One Hundred Dollars. (ld., Sec. 26.) 


Sec. 1509. Venders of Ice to Weigh at Delivery; Steel- 
yard, Etc., to Be Used; Ice to Be Sold by Avoirdupois Weight, 
Unless Special Agreement—F rom and after April 15th, 1914, 
every vender of ice in the City of Houston shall, at the time of 
actual delivery of any ice sold, weigh the quantity of ice de- 
livered, and for that purpose shall use a steelyard, balance or 
other apparatus for weighing such ice, which shall conform 
to the standard of weights and measures in accordance with 
the provisions of the ordinances, and all ice delivered to con- 
sumers within the city shall be sold by avoirdupois weight, un- 
less it is otherwise especially agreed upon between the buyer 
and seller. (Id., Sec. 27.) 


Sec. 1510. Tongs Used in Delivering Ice :to Be Stamped 
With Weight—From and after April 15th, 1914, each and ev- 
ery set of tongs used in the delivery of ice within said city 
shall have prominently and conspicuously stamped thereon the 
exact and true avoirdupois weight of said tongs. (Id., Sec. 28.) 


Sec. 1511. Firewood, Standard Cord—That the standard 
measurement of a cord of firewood is hereby fixed and estab- 
lished at one hundred and twenty-eight (128) cubie feet. (Id., 
Sec. 29.) - 

Sec. 1512. Unlawful to Sell, Etc., Firewood, Except by 
Cord, Etc.—From and after April 15th, 1914, it shall be un- 
lawful for any person, firm or corporation, or receiver, trustee, © 
agent, servant or employee of such, to sell or deliver or cause or 


of the Crty of Houston 555 


permit to be sold or delivered to any purchaser firewood in any 
quantities or by any measure except by the cord or fractional 
part thereof, or to sell or deliver or cause or permit to be sold 
or delivered, a less quantity than the quantity represented to be 
sold and delivered. (Id., Sec. 30.) 


Sec. 1513. Unlawful to Sell, Etc., Butter, in Prints, Etc., 
Other Than in Terms of Pounds, Etc.—From and after April 
15th, 1914, it shall be unlawful for any person, firm or corpo- 
ration, or trustee, receiver, officer, agent, servant or employee 
thereof, to sell or offer for sale, or to cause or permit to be sold 
or offered for sale, any butter in prints or packages or other- 
wise, other than in terms of pounds and ounces avoirdupois, 
or for a greater weight than the true weight thereof, or with- 
out the weight thereof being stamped or printed thereon. (Id., 
Sec. 31.) 


Sec. 1514. Bread; Sign Stating Weight Each Loaf to Be 
Posted—F rom and after April 15th, 1914, it shall be unlawful 
for any person, firm or corporation, or trustee, receiver, offi- 
cer, agent, servant or employee thereof to sell or to manufac- 
ture or offer or expose for sale or to cause or permit to be sold 
or manufactured or offered or exposed for sale in his premises, 
or to have in possession or keep for sale, any bread, unless he 
shall have posted in a conspicuous place in the room where said 
bread is exposed for sale, a sign in sufficiently large letters to 
be read by customers, stating the weight of each loaf of bread, 
the trade name of the different kinds offered for sale, and the 
price per loaf. (Id., Sec. 32.) 


Sec. 1515. Bread; Weighing of—That it shall be the duty 
of any\ person designated by the Mayor so to do and he is here- 
by authorized and empowered to enter any room or place where 
bread is sold or manufactured or offered or exposed for sale, 
and to weigh any bread found therein. (Id., Sec. 33.) 


Sec. 1516. Rolls, Etc., Not to Come Within Provisions— 
The provisions of the next two preceding sections shall not ap- 
ply to rolls or fancy bread weighing less than eight ounces, or 
to bread weighed more than eight hours after ys same is 
baked. » (Id., Sec. 34.) 


Sec. 1517. Small Fruits, Etc., in Packages—From and aft- 
er April 15th, 1914, all small fruits, such as berries, shall, 
when sold in packages that are multiples of the dry quart of 
67.2 cubic inches capacity, have plainly marked or stamped on 
such package the correct measure thereof, and all such small 


556 Revised Code of Ordinances 


fruits, berries, etc., which are sold in bulk by weight or meas- 
ure shall not be weighed or measured except by a receptacle or 
measure which shall have plainly marked or stamped thereon 
the true amount which the contents of such measure shall 
weigh or measure when full, as provided by this chapter; and 
should any person sell or offer for sale or measure for sale any 
fruits such as berries, etc., contrary to the provisions of this 
chapter he shall be deemed guilty of a misdemeanor and upon 
conviction thereof shall be fined in any sum not less than One 
Dollar nor more than Twenty-five Dollars, and each package 
or measure falsely stamped or not stamped shall constitute a 
separate offense.. (Id., Sec. 12.) | 


Sec. 1518. Certificate, Showing True Net Weight of Cot- 
ton, Etc.; False Certificates and Marking of Weights Unlaw- 
ful—F rom and after April 15th, 1914, it shall be the duty of 
any person, firm or corporation who weighs or causes to be 
weighed cotton, wool, sugar, hay, grain or other produce to 
mark or stamp on such cotton, wool, sugar, hay, grain or other 
produce where feasible, and where not feasible to furnish to 
the owner of said cotton, wool, sugar, hay, grain, or other 
produce, or his agent, a certificate showing the true net weight 
thereof; and it shall be unlawful for any person, firm or cor- 
poration to make or cause to be made or to issue any ticket 
or certificate showing the weight of cotton, wool, sugar, hay, 

grain or other produce which said ticket or certificate does not 
show the true weight thereof, or to mark or stamp on any such 
cotton, wool, sugar, hay, grain or other produce any weight 
which is not the true weight thereof, and each bale of cotton, 
package or container of cotton, wool or other produce so falsely 
marked or certified shall constitute a separate offense and upon 
conviction thereof the person so issuing such certificate or 
making the said weight or causing the same to be issued or 
marked, shall be fined in any sum not less than Ten Dollars 
nor more than Two Hundred Dollars. (Id., Sec. 35.) 


ARTICLE 4. 
GENERAL PROVISION FIXING PENALTY. 


Sec. 1519. Penalty, When Not Otherwise Provided—. 
From and after April 15th, 1914, any person, firm or corpora- 
tion, or the servants, employees, managers, officers, receivers 
or trustees of such violating any of the provisions of this chap- 
ter, shall be guilty of a misdemeanor and upon conviction there- 
of, when a separate penalty is not otherwise provided herein 


of the City of Houston 557 


for such violation, shall be fined in any sum not less than Five 
Dollars nor more than Two Hundred Dollars, and each sep-. 
arate sale or package sold or offered for sale shall constitute 
a separate offense and sustain a separate prosecution therefor. 
(Id., Sec. 36.) 


558 Revised Code of Ordinances 


CHAPTER XLVI. 
Final. 


Sec. 1520. That this revised code of the general ordinances 
of the City of Houston shall be known as “The Revised Code 
of Ordinances of the City of Houston of 1914.” 


Sec. 1521. That all civil and penal ordinances of the City 
of Houston of a general nature in force when this revised code 
goes into effect, and which are not included herein, or which 
are not hereby expressly continued in force, or which are al- 
tered herein, are hereby repealed ; provided, that all ordinances 
relating to buildings, dilapidated buildings, house moving, fire 
limits, fireproof roofing, and generally such ordinances as 
should be contained in a building code; Chapter VI, relating 
to City Officials, Accounting, Reports, Etc.; and Chapter 
XXVIII, entitled “Street Paving Refunding Ordinances” of 
the Revised Code of 1904, are hereby expressly continued in 
force and excepted from this revised code of ordinances; pro- 
vided further, that should any ordinance revised or altered 
herein be held to be illegal by reason of such revision or alter- 
ation, then the original ordinance attempted to be revised or 
altered shall continue to be in full force and effect. 


Sec. 1522. That no right of action for taxes or assess- 
ments, general, special or local, shall be affected or impaired or 
repealed, but such right of action shall remain in full force and 
effect. 


Sec. 1523. That the repeal of any ordinance or portion 
thereof by Section 1521 shall not affect or impair any act done 
or right vested or accrued, or proceeding, suit or prosecution 
had or commenced in any case before such repeal shall take 
effect; but every such act done or right vested or accrued, or 
proceeding, suit or prosecution had or commenced, shall re- 
main in full force and effect to all intents: and purposes as if 
such ordinances or part thereof so repealed had remained in 
force, except where the course of practice or procedure for the 
enforcement of said right or the conducting of said proceed- 
ing, Suit, or prosecution shall be changed, the same shall be con- 
ducted as near as may be in accordance with this revised code. 


Sec. 1524. That no offense committed, and no liability, 
penalty or forfeiture, either civil or criminal, incurred prior to 
the time when any ordinances or part thereof shall be repealed 


of the City of Houston 559 


or altered by this revised code of ordinances, shall be dis- 
charged or affected by said repeal or alteration; but prosecu- 
tions and suits for such offenses, liabilities, penalties or forfeit- 
ures shall be instituted and proceeded with in all respects as 
if such prior ordinances or part thereof had not been repealed 
or altered, except that where the mode of procedure or mat- 
ters of practice have been changed by this revised code, the 
procedure had after this revised code shall go into effect, in 
such prosecutions or suits, shall be, as far as practicable, in ac- 
cordance with this revised code. 


Sec. 1525. That the provisions of this revised code so far 
as substantially the same as the ordinances in force at the time 
when this revised code shall go into effect shall be construed as 
a continuance thereof, and not as new enactments of the same, 
and in case of any conflict or inconsistency between any such, 
or any sections of this code, the ordinance of which same is a 
continuation or revision last passed shall prevail. 


Sec. 1526. That in all cases where no special penalty is 
provided for a violation of any provision of any section of this 
revised code of ordinances, or provision thereof, that any per- 
son, firm or corporation, or agent, servant, receiver or trustee 
of such corporation, violating the same, shall, upon conviction, 
be fined in any sum not less than Five Dollars ($5.00) and not 
more than Two Hundred Dollars ($200.00). 


Sec. 1527. That any and all ordinances passed since the 
Sth day of April, A. D. 1914, shall be in no way affected by the 
- repealing clauses of this revised code, but any and all such or- 
dinances shall continue to be in full force and effect, this re- 
vised code to the contrary notwithstanding. — 


Sec. 1528. That the explanatory words, headings, or an- 
notations at the beginning of sections and subdivisions of sec- 
tions of this revised code shall not be construed to be any part 
thereof, cr a construction of such section or subdivision of a 
section, but same are merely for convenience in indexing and 
finding the various provisions of the ordinances. 


Sec. 1529. That this revised code of ordinances shall go 
into effect and be in full force from and after the 6th day of 
“May, A. D. 1914. 


Sec. 1530. That it shall not be necessary for the Secretary 
to copy this ordinance in the ordinance book, but when the 
book containing the Charter and Revised Code of Ordinances 


560 Revised Code of Ordinances 


is published in book form, he shall file a copy thereof among 
the archives of the city, which shall be considered a record of 
said ordinance, and when same is published in book form, the 
same shall be received by all the courts of the State of Texas 
as prima facie evidence of the provisions of said Charter, and 
of the general ordinances of the City of Houston in force on 
the 8th day of April, A. D. 1914, and those passed since that 
date appearing in the appendix to said Charter and Ordinances. 


Sec. 1531. That there exists a public emergency requiring 
that this ordinance shall be passed finally on the date of its in- 
troduction, and the Mayor having declared in writing the exist- 
ence of such emergency and requested such passage, this ordi- 
nance shall be passed’ finally on the date of its introduction, 
this the 6th day of May, A. D. 1914, and shall take effect as 
above provided. 

Passed this the 6th day of May, A. D. 1914. 

Approved this the 6th day of May, A. D. 1914. 


BEN CAMPBELL, 
Mayor of the City of Houston. 


. 4 


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INDEX 


To 


Revised Code of Ordinances of 1914 


Letters or figures in parenthesis after section references, indicate sub- 
sections. 


A 
Section 
ACCOUNTING AND, REPORTS— 
See Chapter VI, Code of 1904, omitted, but not repealed. 
ALTICIES 5 85t0* 864 INCLUSIVE .-continued int fOrGe. ..... 0.2. s.oe 12 1 
ACROBATIC PERFORMANCE— 
COCCI aulOts LAL O Rees Mey oe eens, ors) se sok Leiter does ah oak clcthieih ce Zia heen 1341 (p) 
ACTIONS— ! 
See Automobiles; Traffic, Street; Openings in Streets. 
ADDITIONS— 
See Subdivisions; Engineering Department. 
ADULTHERATION— 
See Health; Pure Food and Drugs; Milk and Milk Products. 
ADVERTISEMENTS— 
See Poles; Bill Posting; Streets, Sidewalks, etc. 
ADVERTISING SIGNS— 
See Signs. 
ADVISORY BOARD TO SCHOOL TRUSTEES— 
See Public Schools. 
AGHNTS— 
See Garbage; Parks; Public-Morals and Decency. 
AGREEMHNTS— 
See Telegraphs; Telephones. 
AIDING PRISONERS. TO, ESCA PE— 
See Prisoners. 
AIR GUNS— 
SUNOCO AN Ser OIlO Lesa] Me editiyescra ait. < seiec ae cee are hake ck Basie Sas 929 
ADTIAS— : 
See Assumed Names. 
AMUSEMENTS— 
See Moving Picture Shows; Moving Picture Machines; 
Theatres; Board of Censors. 
ANCHORS— 
See City Electrician; Permits. 
ANIMALS— 
See Buffalo Bayou; Stables; Veterinarians; Pure Food and 
Drugs; Parks; Public Morals and Decency; Public Peace 
and Order; Public Safety; Milk and Milk Products; Dogs; 
Public Pound; various animals by names. 
Screened receptacles required in stables, when............ 431 
Veterinarians to report certain GiSC€ases’ OF 600 dn we ete 494 
With, etc., hydrophobia, confined and diagnosis made...... 495 
Bxaminationiof£ dairy cattle may. be required... .......0... 512 (b) 
DD ene h are OTs gic Ost 0.E0k C19, LG GaLTlia cia hatgetimegetan ie Rome ots asl sie: dealer ei a ants 512 (g) 
Contagious, ete., diseases among dairy cows must be re- 
SLOT EE ET SVG Saeed) ik Me “au Bure co nti Mic es ee pera tales cr balsam Fh) PER MET Eo. EE li oe linge RCT bilo) Ci) 
Disescea, shallot De brouent,evG Minto Cily vies ele nee se 540 
Flesh of diseased, shall not be exposed for sale, etc........ 540 
Feeding on street around Market House prohibited Rn Bienrainee ee 605 
SaAlewercr  Oruttesn Of Cenrtaine prOMPDITECE. sc -steare ofsvekele sense «scene 620 
Riding, ete., in public Wades Wa WLU lene eae ec eeee iene aouerel, «1 5 eee 659 
Bringing dog intexpublics parks, <ctc promibiteds.< | fa hens ws 661 


Pasturing, etc., in public parks, forbidden AUS, iaaPod ey of ANS Coens ghee. 662 


ii  —Index. 


ANIMALS—Continued— Section 
Driving in public parks, etc., prohibited, except............ 665 
Dogs, etc., not allowed to run at large in public parks...... 670 
Teasing’ -etcy in publiciparks> eve), prohibited tame ee eee 672 
Hitchinesin-publie parks, etc. @umlan ful sate oes dee eee 675 
Tying, etc., to shade trees, etc., in public parks, etc., for- 

Lay CS Ke C=) oh User er tae Se Wee er RM MM RN) Aik tne wt ie Ae Ss a hia 8 a oa Say 684 
Overloading, abusing, high-checking, etc., an offense....... 197 
Cruelty: to, an offensey... 60.2. a eh ie Ae ae dal ead ce ae Ra a ae eee OM gauss 
Officers ete; have rightitoineheclia cre wees oe eee nee ee 799 
Bringing diseased, knowingly, into City, an offense......... 800 
Selling diseased; at-auction, -prohvoitedonw acs ours tee es Rishi 801 
Permitting, etc., hogs, etc., to go at large in City, forbidden 855 
Chief of Police may destroy hogs, etc., running at large... 856 
Stock Limits; certain, running at large, a nuisance........ 858 
Public pound to be established to receive certain.......... 860 
Method of jredeemins” Impounded ae. akinesia sete eee 861 
Not Sold: shall be -karllede a. ci cert a sek cae tay eet ee ee tae 862 
Police~ oniy {Sh abl saan OUMM dieses iheeun eet eters SS ahaek SERGE eit peas Sears 864 
Driving into stock limits, an offense.......; Pais Mean Mane ee oetrees 864 
Net proceeds from sale of impounded, to be paid owner..... 865 
Unlawtuk to display.on, street torssaeprcriaceuen) eee eee 868 
Unlawful<for, stabled, to make! disturbance ni... iste ee 869 
Wolanded to Voe Ribbed? sy ene irc ee ean aia eae aaa ate eee aeee 870 
Chief of Policextor report Jellledi. ware nae etece eae eae ee ee 871 
Using, without consent of owner, an offense.............. 872 
Breakins; etc, ony strectsi. an OfkensSentie eye his aoe eee cee 904 
Driving throusch’ City yetek tun law Wile eee ice ele eee 905 
Dogs nots tozrunatel are uriecui rok to metewe celoenees) cio et ar eee eae 907 
Dogs on streets, etc., not under control of master, etc., are 

At Taree’ tee sa. Oxcas tA. 6 vous elated o tokece tere vont hauteles (ovo be noe nes ict aan ae ee 907 
Chie Of; Policée,-eter to takes Up dOLsrat, Ibe Cnr eee et 908 
Dogs takensupsanowselspoSed Ole mae eee ean teens ne eI eer 910 
Dogs taken up, when-delivered!toO-O Wer acm wee cases eaneke eee 911 
Dogs impounded and not redeemed, to be Sold............. 912 
Dogs notiredeemed. eter ito Werklllediy sees ee ee eens. eects 913 
Doers with hy drophobia, ete:, to bevkilled = =. aes... ose ee 914 
Dogs with hydrophobia to be confined and diagnosis made 

before killed Aa lee ten eee ee es Ene ee ee ee 914 
Dogs with*mange not tocrumi at: lareeueiis «sr. cnlccis rary sok at 916 
Dogs with mange, running at large, to be killed............ 918 
Staking, ete., animals so that they can get on adjacent side- 

walk ete. an offence, ne aetna ae Gohl dpe MN RN OR A 920 
Driving over bridges faster than walk, an offense......... 921 
Riding, etc., upon, etc., sidewalk, etc., an offense...... Wel eae med ANG 
Tyins- to lamp DOSts,Wetc,.-an OffenSerge sate ee TO Pat ee 1248 
Driving across or obstructing ditches, an offense.......... 1250 
HMitchine Sete. acrosssidewialliy eitilewval eee ene ean eee neen aeeaayat 
Hitching, ete., on certain portions certain streets, unlawful 1253 
Hay wagons, animals from, on sidewalks, unlawful........ 1255 
Horses not to (be lefthunattendedeexce tars a siee. ereaaee tte ioe 1302 (42) 
leading, ete, jon sidewalks: GEoOrbididenkit.w. sc, ncan ten eee warne 1302 (22) 
Spreaders on double teanis: promip1 ted... ence ene Ao O02EG4 bo 
Horses shall not be unbitted on street, unless............. 1302 (43) 
Driving unbroken or breaking on streets, etc., prohibited... 1302 (45) 
Mastening, ete., toxfire alarm) box. ete. prohibitedes.. . a. sack 1302 (46) 
Hivery men not to -keep\.cte) con pay Cmen teens) sen eee 1309 
Dnlawtul to ride across sidew alk 2exGep tric. ses hele) crete 1315 


ANIMALS, DEAD 
See Buffalo Bayou. 


ANTITOXIN— 
See Health Officer. 
APPROPRIATIONS— 
See Purchasing Agent. 
ARCHITECTS— 
To notify Plumbinesilnspecetornveucs.iecaene teeta. eee see BE ee 1092 
ARMS— 
Police ‘officers, toy search persons” LOT wewileni nae) roleests are ates ht3 
Discharging firearms within City limits, an offense........ 814 
Discharngine firearmssins parks tet Gated cic 3 eel iesiciti ae ouna se 671 
ARREST— 
See Policemen; Public Peace and Order. 
ASHES— 
See Garbage. 
Shall(not:dépositiin “sarbare- Vessel ie cast: cleo tere c eeie rem a sercns 439 


(25) 


Index. 


ASHES—Continued— 
Shall not throw, etc., in streets, etc 


Aig 2) sa e76' 6e or ey .. 8) 8 oS, 6 10! 6. 6) 9: \e) Se! 6 
#, Geb 0. 8) Ss ole: -e, 


ASSESSMENT OF PROPERTY— 
See Taxes and Taxation. 


ASSESSOR AND COLLECTOR OF TAXES— 
See Automobiles; Carriers; Taxes and Taxation. 


ASSIGNATION HOUSES— 
See Reservation; Prostitution; Public Morals and Decency. 
Unlawful to carry on within certain district 


Fle lele a b+ le) ute ef ee 6 


Ow OLS. OW alee Hee me 


Mayor or Counell_ may, closé,-etes when. io...) oe be oc oe. 
MAW LUA TOM ODL PATH Nie cae trol ace Merry Nhe Cok caeclate pe ate tyne ey 


ASSISTANT CITY ATTORNEY— 
See Legal Department. 


ASSISTANT CHIBF OF FIRE) DEPARTMENT— 
See Fire Department. 


ASSISTANT CITY ENGINEER— 
See Engineering Department. . 


ASSISTANT HEALTH OFFICHR— 
See Health Department. 


ASSAULT AND BATTERY—' 
UD eyabewiis cup: Cone IE ny MCs oe aera rete oy Shee ln aaa ae SEE ayes belt yichey oewenets 
Tv ME sCOR LAU GEG ORO SU EG Owain stelsce ki chess. cnchaleveisn a sheboosites «a 6 
May be committed on another than person intended........ 
OW etc Var Ca COTMnial GEC Cmer ccna rcanee sangre fol cf aus ols. Sieei casas ov vals al bl aie 
Means’ which come within: definition. 60.6: fs. cence a ack oe ere 
Hse ket aU LO Le Ota GE TEYL Smee, Mh ical audio aayecliops: cilsie el oot ei/sAe em Ue olor atelc 
Violence does not amounts to, WRens wie oe). bons tle dees 
Necessary degree of force only permitted................ 
Verne DLO vocation NOrimmiSElitlCaAtlOneLOr sce os a. ss eos a ecett eeele 


DC LIAUELO Me Ota DRE SU Vertue ian dls ate reeee eae ce ob ool eale tate set ay sLoviapidi drop Bede: gue t 


IDGSneOs | OL SS AU bene enter cde Rust a8 cilelies suttleliaenen cask lehsisners aia ’eiti coh i's 


ASSUMED NAMES— 
Giving of, by persons arrested, to peace officers, nied: 
Peace officers knowingly receiving, guilty of offense...... 
Peace officers Knowingly filing charges against arrested 
DELSOUsUMder es oULIEV 2 Ol cOMeCIMS Cc vey o sscd secs: s bie as, a)bebcee acs 


AUCTIONS— 

Seine. diseased sanimiavsrats DLOMIDICCG sof. e's os a hale cee ore ok 
AUCTIONEERS— 

COU AT ONE LO RAg etait oiere at ot arstes Pe orse ese oe retist shard. eiece, biroyies b oiiaieman’s 


AUDITORIUM— 
See Theatres. 
GreatlonsOtesoard: Oter PEISTCES! LOL secea ic ssaiels, oe outer is sleee tate: clots 
Mia cnlem imal COlMtRO le Olesmete chiara rskiuetebee «cnc slccaisteaee orale asf 
Rules and regulations governing, etC.............02+0e008> 


AUTOMOBILES, REGULATION OF— 
See Traffic, Street; Carriers; Vehicles. 
Uniawliil toroperate without reLiStratlom ys. oilsn s.tamslsteye) sce 00 
Assessorm and Collector, tos keep record. Of, 6. csisies elves ses 
WineawGieCOLO Pera Loswid UR OU ten UNDE. sarscoe dscehene « clereinisis irs, s.0 
Unlawful for person under 18 years to operate.............. 
Sipnalliehitset OnetORpeL pho Vaid Git. imencr shee 210 2s,cc) tiebe ar beens ene! ees 
CivieacttOnSenOteaOhlae eds CLG esi gs Ant seta tess) ot op sees el oo) SKE als. mois 
Esa Clee ae ren eHOC Wa OU) to. eine v, sslerelans) « <5) ea areke ales” arated « 
BEAL sSia CaSess CSCADELOL ad Guam tshricuetd rte e seer Wlene #5 sop, ashen fel aye = 
Stand within certain district during certain hours, without 
IMC CTU Cam UT LCCWVt Lem tepoisae Sf av ebeh s tekekareber ss) ides) qth ou eral sis 
Shall have gongs, not to be sounded, except............... 


Himission of steam. ete, prohibited, when. . sehen ee snes 5 
michts-on;s abtery SUNSEL, MCUs rac a) iiers «8 8s She se easie sa peat awk slwenratly 
MPTIMet STO Rens ti 1OArILe Dales Of) LOG .iiafsaie eee s a sie er sl eiiiem pl alae 
Want of, prima facie evidence of negligence............%.. 
Failure to observe provisions of Traffic Ordinances, negli- 
EOE DELASE e 2 Merui ed ded re Calf civis io foe a tet 8 ele e eid! pam ereie soa ote 
ST Gek TIO | hacia 57 hor sesh eka ities a's, eed sis wafer ht ee © wey aed ere 
AWNINGS— 
Conditions under which stationary may be erected, etc.. 
Wibeiaihat Melavenaan ver ahah Mectlal, S AClteacp eee cl Aeeas PAC IOAaR ROC tayotn Wang NricocioecNa o 
MUpESser LA Gute Gel TOES wu setae e cheese: Aa ceitye Ne syieredenues etal state. «Tetons 
Permit must be procured for construction Of.............-. 


4 


442 


784 
785 
786 
788 
792 


1253 
1301 
1301 
1301 
1299 
1299 


1300 
1301 


1265 
1265 


(c) 


(24) 
(25) 
(26) 


1V Index. 


AW NINGS—Continued— Section 
Construction, etc., other than provided for, an offense...... 1268 
Personsswho-conmmit the offenSeryn <a ceiiene tenancies 1268 

B 

BACTERIOLOGIST— 

See City Chemist and Bacteriologist. 

BADGES— 

See Fire Department; Police Department; Health Depart- 
ment; Baggage Masters. 

BAGGAGE MASTERS— 
invested: with: police powersratcdepots aur. cee eee ee 1025 
May assign stations to vehicles at depots....... pS Oe 1026 
Must¥etakeloath, eve Don Sete. =e. niece sel eee ieee tiied 1028 
MUSti Wear, DAA e ie terete cee elene eee cea rede aaa nn aa Ret ae ae ce 1028 

BAIL-— ; 

Chief of Police, etc., authorized to accept cash, when...... 740 
SA TOUTE OK, Ao ee rates Uses she iccble tele tusvart tet Ceca ERO Eee Care Reena eet tenes 740 
Must) be voluntarily (offered ites crc tececensieieiecene ners eree ee mer ene iene eles 740 
Cash may be applied to payment of fine, etc............... 740 
Amount; of-cashishall noe bevlessethan 4. veri eeeiees cree Seneca 741 
Cashsnot taken swhenscourtvin® SESSIONG 7. «res omens enckn ee caenerons 742 
Chiet Of Police, .eten to -e1 Vier receipt, Osa. ene easier encyencae 740, 743 
Chief of sPoliceséete to filiescomplain Users sas ie ene eke 744 
Applicationeo#r-Ca she setCe ee Ea. ys leroteacrcesyaeaavone chee okie pean Pantreiees 745 
Disposition of cash, when complaint dismissed............. 746 
Dispesitionve® icash + when loOrrel tedster ieee ee ieee ne 740 
Whotauthonrnizedstovaccep tacashe iit. senescent on) here aet ere iens T47 
BAKERIES— ce 
See Health Officer; Milk and Milk Products; Food Products; 
Weights and Measures. 
Meal th OrTeircer: tO: Visi Ciless. see) ta oie eae nee Bolte ot Pea eae eee nee 396 
Health Officer to grant permits to establish, with approval 
OF, COURCIE so rt slecers csr Merete tel eae snare ratte os eae a earn ae) 
Regulations concerning sale of milk, etc.................. 509 
Buildings, etc., uSed as, regulations, etc., concerning....... 542 
Persons shall not live, etc., in workroom of............... 548 
BALLOTS— 
See Elections, General; Elections, Primary. 

BANANA PHELINGS— 

Throwines on Sidewalk, s6uGs sumla willl sey -p emis eee teheasiere) cae aie 1314 

BANDS OF MUSIC— 

Playin on streets wete, unlawrul whens opie eee 847 
HVEry TMHEMDEN “LUI bY ce oer. conch eors Bete ele ce tetany eee oC aes 848 

BARBED WIRE FENCES— 

Prohibiteds within (Cit yscitero ic teteten lame odes chen bone eee Nees eretien = 936 

BARBER SHOPS— 

Shall) beropen to UNSPeC ELON scetete oie: siete tes tee eben a) Ream eps beeole 436 

Rules andvresulationsy2overnine sewer een eee 436 
BARNS— 

See Stables. ‘ 

Board of Health may make orders for cleaning, etc........ 389 

Carrying; etc; lightss ete. into; ,otlense; swillens tere ened oe 931 

BARRIERS— 

See Buildings; Streets, Sidewalks, etce.; Openings, etc., in 
Streets, etc. 

BASEBALL PARKS— , 

OCCUPAtiON TAX ALOT acces secse ous ese one eee ake ee Er aeemens a en RSIS A 1341 (b-b) 

BATHING— 

See Swimming Pools and Natatoriums; Buffalo Bayou. 
In Buffalo and White Oak Bayous, unlawful, when........ Ly) 

BATH TUBS— 

See Plumbing; Water Department. 

BAWDY HOUSES— ’ 

See Assignation Houses; Reservation; Prostitutes; Prosti- 
tution. 

Unlawful for inmates of to walk streets, etc............... 778 

Unlawful tosrent;etc. house; ete; lorena aeene cieiel rates 781 

Unlawful to establish without certain limits.............. 784 

Mayor may order occupants of to remove........... iataven sag 785 

Mayor or Council authorized to close, when................ 786 


oitering; Pete: tin; sforbidd en rian. ie ite coke eet eiens eacteenen ee 788 


Index. 


BELLS— 
See Railways. 
BELTS— 
See Street Railways. 
BERRIES— 
See Weights and Measures; Food Products; City Market. 


BHRTILLON OPHRATOR, ETC. 
See Police Department. 


BICYCLES— 
See Parks; Traffic, Street; Streets, Sidewalks, etc.; Side- 

walks. 
Uniawiuletoepropelssexcept Onvdriveways.uneeicr. dees one 
Speedshinit of in publicaparksiiGteias. as saieceet ck. etn 
Shatlehaverlai Dor lone se Et Crmiectaneis aeksthors Me Site wy eis wae 
Vict LO ye GAUSiInsa.cOMiISiOnse DiyeetGusta we-giioc wien tees 


Riding on, etc., sidewalks, etc 
Speed limit 


See e, a le eiserre.lws bu ele) .@) Jel s.' 6, o| she, eal) e)s 608 a0) eo 
One) 8) 1e'@ cal 0 Pde eu er &, ese) 0) See) of es Oca eat. wy) vl ee. me (6, oe OF 'e «| i-6 6,6. « a) 0 


Tae Cates e7 hi 6 gi el OA gE SG) Ober emeyiehicng Peo 6. Cl qly e 100; 6) 6 05.6. 41. 6:0) 6 @ ey elene 


Riding over, etc., sidewalk, forbidden, except 
Shahiahave fe On 2S se GhGe ae eR CME etre ne ayccon kt clo el ee ous 
Gong, etc., shall not be sounded, except 
Shallgnote propel set Cre OvielratinewhlOs Greta cies cael ancles hater oodlicnc scslecs 
Shalenoteinderwete yw frenap paras SC rwa cans 6 etd oh coe os 
Persons riding on shall not cling to, etc., street cars, etc... 
Shall stop, etc., in case of collision 
BIDS— 
See Purchasing Agent. 
BILL BOARDS— 
See Parks; Bill Posting; Awnings; Signs; Streets, Side- 
walks, etc.; Sidewalks. 
BILL POSTHER— , 
See Bill Posting; Parks; Awnings; Signs; Streets, Side- 
walks, etc.; Sidewalks. 
BILL POSTING— 
See Parks; Awnings; Signs; Streets, Sidewalks, etc.; Side- 
walks. 
Must obtain permit, or license, to engage in............... 
WEMOR re <OT LES POSLOES Samia aetna et seta once ae AI a o's ol ek ners odo Sele 
How to obtain permit or license, fee, bond, etc............ 
Advertisements, ete., not to be painted, etc., on curbs, etc... 
Advertisements, etc., not to be painted, etc., on posts, 
BESS LOM trciet cm aretor hiatal hes cer ta Mattie Roe tia tameb as lehies Dok oh br autetts adc ene gtend 
Handing out, etc., bills, etc., on Streets, forbidden......... 
Posting, etc., obscene bills, etc., forbidden................ 
Bill posters shall not scatter, etc., paste, etc., on side- 
LL SE Li eP Naat n Ore enc wap omen cere ter Mem eL CSTE Thanh “eliene tei eal o Naa lon 
Bill posters shall avoid creation of nuisances, etc.......... 
Bill posters shall not erect bill board in City without permit 
Bill posters shall not use telegraph poles, etc.............. 
City Council may canceli permit of billy poster). .2..5 44... 


BILLIARD TABLES— 


Srief @) Wills! 6) ¢) 6, 'a).0/ 07-6: 1a el 6, @: 0) 8) -6i-e 


Sie) ¢.sele) 6. Of dé. 4) bY Kerie (ie: 6 © les 0. 6 0 € 


WCEMM ATO et Axe LOTS Maoist tie wepren wele lec orl slsseven soty ane: Walaa eek als) sete Bebe 
BIRDS— 

MimnkawcnilecOmse ll meet Cis Ma tiv Clases cuecsuatscs eile) srerais ete Slats: ehserenevet 

aL WALLS LONCATC ap GC UGH WT Lice etarane su cinta ste lane cis ace) ateh ene Ste tees 3 
BIRTHS— 


See Vital Statistics; Physicians; Midwives. 
BLASTING POWDER— 
See Explosives, Inflammables, ete. 
BLOCK BOOKS— 
See Taxes and Taxation. 
BLOCKS— 
See Stagnant Water; Engineering Department; Surveys; 
Subdivisions. 
BLOWING WHISTLES— 
See Railways. 
BOARDING HOUSES— 
See Garbage. 
Mustecive notice of certain GiSCaSes. es wc eee ee ss 
Unlawful to falsely register as husband and wife.......... 
BOARD OF APPRAISEMENT— 
See Taxes and Taxation. 


Section 


1302 

1302 (22 
1302 (24) 
1302 (24) 
1302 (40) 
1302 (40) 
1302 (49) 
1302 (52) 


1285 
1286 
1287 
1288 


1289 
1290 
1291 


1292 
12938 
1294 
1295 
1296 


vl Index. 


BOARD OF CENSORS— ‘ Section 
CHEB CLO FOL Mio ete cw ol oe-a to Neds toons a ete e ue tale Nowa Tone er cae cale ke en a ae Shi 
DTIC S OP ere Fie sete in Fp Te Ae etary Bt chs oC Crea ie Teen de Ban aera Tene wears Si atte 
ReEPOrts: and MecommMendationseb'y..% ve oe eee eee ee 38 
Hearings ‘on reports and recommendations. 1.0.2... 023.7... 39 
Mayor may prevent giving of entertainments, when........ 39 
Mayor may annul permits for entertainments, when....... 39 


BOARD OF EXAMINERS FOR ELECTRICIANS— 
See Electrical Department; Master Electricians; Contract- 
ing Electricians. 


Creation; ‘composition. and appointmentaotes on see. kee 196 
POWers and GUtleStOie ere! . Guar tems clea se Men Rios ee ced renew tre ana 196 
A GALTON AL GUTS S sOTA ire tele ote ee rea eee tale ce rR nce nr ee 197 
May cancel licenses of master electricians, etc............ 202 
PFOCEAUTE CO IGATIGELs Riercie titans aha tsich ante ie\ sete eerie ene ne arate aero 202 


BOARD OF EXAMINERS OF PLUMBERS— 
See Sewers, Plumbing, etc.; Master Plumber; Journeyman 


Plumber. 
COMPOSTULONFANG!) BPPOLMLMIETHERO I ier teats cia a eee ie senor 1077 
Shall examine, etc., persons engaged in plumbing business.. 1077 
Unlawful to engage in business unless licensed by......... LOTT 
Shall issue licenses: to meinO Nyce. ee istece se eens ee a oe ene 1077 
Shall keep record ofr iGenses ISsueda sein seme ie aiesne ciate LOT 
Shall not issue license for longer than one year............ OTE 


BOARD OF EXAMINERS OF STATIONARY ENGINEERS— 
See Stationary Engineers. 


Creation, COMpOSsition and AappOINtLIMeNTE Otero sere ee nanie ae PLOT, 
Boiler and’ Elevator Imspector to be Secretary... ....2.. 4. 1128 
Shall*hold sessions "twice an seach eimnon tite Leet ira reece renee 1129 
Procéedings; ete. “in -Srantin Ss hCenS esis es atuae ce ekeuenetets ae Shi 29 
Temporary employment of unlicensed engineer............ 1130 
Owners must employ engineers with license............... ies yat 
Members mu Sttery es DONG? weston scsot Caer Leen Rete aneer 1132 


BOARD OF HARBOR COMMISSIONERS— 
See Harbor Department. 


Shall have control, etc., of Harbor Department............ 346 
Qualificationsland -appolmmtmen teens sei csenedn oie aie one tee tee nena 347 
Terms of office; vacancies; President; Vice-President...... 348 
SCCre tary OF mee ee eed pee pees ran ele cout oe cc HOTEL UE PegCke FUE ie tele Gee ENC Seaee 349 
Meetings; Rules and Regulations.......... 4 5 LAT mae ee Recess Meee bats 350 
City Engineer ex-officio Harbor Hmgineer................6- Shaul 
Employees, how employed; power of, over............00-- 352 
Shall have control, etc., of Houston Ship Channel, ete...... 358 
Specific: POWELS OL fe Me Ricks le mete kcecteme ae Seems | eee cee Tene ear 354 
Powers} as eto CONTHOMMCt Cette ootikee tees eta ofan tic ek okete es Fonte eee te 3.5 
Further powers andsdiutiescotens.: iecue ween eee belch eae ee 356 
May administer oaths and require attendance of witnesses, 

AC AE ST a ie raita Ch ASAI rod ro Re OREN Sc. 1 Bis th ate Ges alc 357 


BOARD OF HEALTH— 

See Health Department; City Chemist and Bacteriologist; 
Barber Shops; Swimming Pools and Natatoriums; Privies, 
Vaults, Closets, Cesspools, etc.; Contagious Diseases; 
Communicable Diseases; Milk and Milk Products; Inspec- 
tion, Miscellaneous; Health Officer. 


Components of Healthy Departmen timc ice uber ieee ene 369 
Création, ‘COMPOSsition, APPOIN LIMENE CUC selena aon eee nents 388 
Meeting S* power tO Anaker Orders) 2. becuse a akties ele ees oat en (389 
May take necessary measures to prevent spread of conta- 
PIOUS: GCISEASES ee aco swie deus: ore ielarie ceaa rete Sc nean at n aE E ERS con 3889 
Shall not incur debt; ete, , against. City, unless = eer. ssn 389 
Health Officer shall execute, etc., orders of...... SARS Chica 389 
Secretary of *shalli keep ecords% tis sree snee aoe a eaeaeee lok ctieee 390 
Election of President-and’ Vice-President... cere ie eee ee 390 
Committee of: Public’ Charities epo wens use mitncees ote lcnae ecars 391 
Health Officer, etc: to ‘execute orderseof ai ilon wre cee ents 392 
Shall make orders, etc., for-its own government. ........... 393 
Standing committees ......... Wins SHUT WeMEN cartes cue aeae he reat hatte Pet wee OES 394 
Specifie. duties Of. sig. cube bale aete-1 sl aks Costeansl Wie egce Sei eec tate NORA one 395 
Health Officer, at direction of, shall revoke permits........ 401 
Charged with enforcement of provisions with reference to 
Swimmineypools;,) Steves con ke einer laneace: Seat memen lata Le enon 449 
Changes in construction of swimming pools, etc., under.... 454 
Plans, etc., of swimming pools, ete., to be approved by..... 455 
Has authority to enter, seten cellarsarelorain justin ttre 474 


Shall recommend abatement, etc., of nuisances in build- 
In piss -CtGs < when S76 Gia iv ie Weed Le te UN RONG ts eeheles, os ae Ts eMC Rae nS era sires 474 


Index. Vil 


Dames 


BOARD OF HEALTH—Continued— Section 
Shall display placards, where certain diseases............. 482 
Has control of hospitals for contagious diseases........... 484 
Has authority to order, etc., removal, ete., of persons af- 

fisted with: Contagious disease! ves fel des a 484 
May establish character of disease by medical examination 487 
Shall inform Librarians of dangerous diseases, etec......... 489 
Must approve permits to engage in certain businesses...... 563 
Unlawful to prevent from entering building, ete.......... 567 


BOARD OF SCHOOL TRUSTEEHS— 
See Public Schools; Advisory Board to School Trustees. 


BOILER AND ELEVATOR INSPECTOR— 
See Steam Boilers and Elevators. 


Creator wap DOMME be HU AIthCATLOMS jVeUC. i. sera ciads cellu Stee 1108 
Via varee DD OLIM te CO ULLyannarecgel tress ah Vey s Let eeecko ie shah ce itis’ sLeus celal era, eee atte 1108 
DUETS OF may een hed Cette eagle ke aca che foukt a eel Lee Aine, MaER I ore 1109 
WSCISTON: OL. Maye ADD ealedetrONa sr. oe cicis oil ecsvere spruce © ehaieee 1110 
Salarveend) OMe Od weve kets shggrel ses x ctecersl ah 3's Wea thereat o weeks 1416 
Wave DeeGISCHA IEE COnwsmete tie semen seca edet esel dle csp wets. ellebarekai feller trates assy? 
Sve iIS pect soley LOR Gnhe ne les micueeenia ieee ee ets anacsta sole wt Scaereuk 1118 
Whenveléyatorssshall be inspected... 3.0 6.005 Files owen. 1119 
LHSPESCtO Ne COS Seo wen et ckert selal Alcatel ree hit roo atte el teres Pe Mey Sea N22, 
APPEA le hr Oli CCl SLO MM Olmpecwl ster slh his eects pe iy scr iccd ob ble’ cis Ue 1124 

BOILERS— 
See Steam Boilers and Hlevators. 

BONDS— 


See Moving Picture Shows; Theatres; Carriers; Electrical 

Department; Sewers, Plumbing, etc.; Bill Posters. 
BONDS, OFFICIAL— 

See Controller; Corporation Court; City Electrician; Engt- 
neering Department; Fire Department; Fire Marshal; 
Health Department; Market House, etc.; Police Depart- 
ment; Public Schools; Purchasing Agent; Steam Boilers 
and Elevators; Taxes and Taxation; Treasurer; Water 
Department;. Weights and Measures. 


BOXES— 
See Explosives, Inflammables, etc.; Streets, Sidewalks, etc. 
BREA D— 
See Bakeries; Weights and Measures; Market House, etc. 
BREW ERIES— 
Board of Health may Make orders for cleaning, CLC. a eee 389 
BRIDGES— 
Driving animals over faster than walk, an offense......... 921 
Raiiwaye COmMIpaAnies;IMUSt: CONSITUCE,, CtCa. Si. a5 tistns lec aes 1031 
Steam and Electric Railways must construct, etc.......... oie 
Unlawful to construct without consent of Council......... 1220 
HasteriweriauG, Hills, tC. tO; DrONIDILER 0) we 6 foie a ain, wile alae 
BRIQUETTES— 
See Weights and Measures, 
BROKERS— 
DEC U ClO Mata Nags) Temes eh eats Gs cng an csc teavebat erat, sece-okeni 2 oe ehoen eke 1341 (i-i) 
BUFFALO BAYOU, ETC.— 
Contaminating water above Waterworks dam prohibited... 54 
IDE yeletvavee Say, ie Epa mi Ne be Broke one Sac mnl Rese ieee Sachin PAS 9 EMER 55 
Erecting slaughter houses, etc., above Waterworks dam, 

Po are OE DEC em roa are Dita ato tha: 5 lat'ay'a) <i) an code. «valle Yen's Dhabas street Ntens Stetalpuiet satiate: 56 
Weposi tinesereruse. ete: ely CL... DFO cre. <iersts sleue ease ep Sif! 
DischiaLreesOtawasLe O1ls, CLC. 21M Ina We Whs s-aece streets) oucrouale 58 
Offense for such substances ‘to reach, CUCM aye G te oneal oieane 59 
Discharge of refuse oils, etc., in, declared nuisance........ 60 
Unlawful to fill in, etc., banks, OUG titate ueRaraiehs teak hace eis heIeLe 62 
Unlawful to pile earth, etc., on banks, etc., Sith oute permit. 62 
Corporate limits of City extended along, ete Pratt AH a eae, = 130, blueball 


BUILDING INSPECTOR— 
See Building Ordinances, etc., omitted; Signs; Awnings. 
BUILDINGS— 
See Building Ordinances, etc., omitted; Moving Picture 
Machines; Moving Picture Shows and Rooms; Theatres; 
Fire Marshal; Health; Sewers, Plumbing, etc. 


Refusing, etc., to!remove, etc., an-offense........:.......0. 934 
Board of Health may make orders for cleaning, etc., certain 389 
Keeping uncleanly, etc., nuisance...... Palade mp sue Nah hel Sha eT sues conte ve 414 


CONNSClIONS WiEN CSCW OLSis sie atc ciat ol sl'al ole Syele. ale» a becouse tue ene oelele era 461 


Vili Index. 


BUILDINGS—Continued— Section 


Shalisbe provided with privy, (ete. when. te. oe ee 462 

Board of Health, etc., has:authority. to enter, etc: .)........ 474 

Disinfected}\avnen + eo 74 6s Si oe pee oe eee eee 490 

Used for certain purposes, shall be lighted, etc............ 542 

Shall have convenient toilet rooms, when................. 546 

Persons affected with certain diseases not to work in...... 549 

Health Officer, etc., shall have power to enter, etc........ . 550 

Unlawful to prevent Board of Health, etc., from entering... 567 

Shall be connected with sewer, when...............-ee+-e-- 1092 (6) 
BUILDING ORDINANCES— 

Not contained herein, but continued in force............... 1521 
BURGLARIOUS INSTRUMENTS— 

Possession of, ete anVOfrensS@ ss. seis eee notte ee eee 938 
BURIAL— : 

See Health; Vital Statistics. 

in, Potter's. Pield;- prohibitedis &avankits see eee ee eet 422 


Persons dying with certain diseases shall be buried within 


twenty-four hOUrse ss co.cc ctl ecsusk ein cheie cen tise cane Ae eae he ee ee 483 
Without permitgvetcs prohibited...) ..cas.senseeee ene (Pay BGs! 
Permit from Health Officer necessary before, etc.......... 574 
Examination, etc., to be made before certain bodies pre- 

DAPredSfOT e.) Maver! nid, seuaratte tine eoebeue elie ca ahen sey tet LENE ph CRUEL: 579 
Unlawtul to pury, unless-examination® CtCe oe. wiscle sic suse er 583 
In certain cases, monument to be placed at time of......... 583 

BUSHEHL— 
See Weights and Measures. 
BUTCHER SHOPS— 
See Board of Health; Health; Food Products; Health Offi- 
cer; City Market. 
Board of Health may make orders for cleanSing, etc........ 3889 
Permits forwsranted) Orer eruSed nec i> ss> acetate elec eeomotiot niet ee 399 
Shall -beslieh ted eu. ne inca ic teced etal es vostro nee toh mamehickeremetie od werk emer one 542 
: Permits necessary to bring fresh meat into City, etc...... 563 
BUTTHR— 
See Milk and Milk Products; Food Products; Health. 
Unlawtul to sell, ete. in prints, etc., other thans 7.-%.\.2 2. 1513 
Cc 
CABS— 
See Carriers. 
CALCIUM CARBIDE— 
See Explosives, Inflammables, etc. 
Unilawfiil-to wtoreyetes tinlesstersycers. 2 lmstshonetetetsieas terecie tehemeteee 273 
Method mannerrand)placelofe storage: -- 11cm alasueene ciel ensie tans 274 
Buildings for storage shallibe fireproof; etc." ss. --14. <seaes 2706 
CANDIDATES— 
See HBlections, General; Elections, Primary. 
CANNER Y— 
See Food Products; Health. 
CANNON CRACKEHRS— 
Occupations tax -tossellee tie ocho she ee iets heheteanacee Cai CORDIC es ea aeee 1341 (kK-k) 
CAPTAINS— 
See Fire Department; Police Department. 
CARNEGIE LIBRARY— 
See Library. 
CARRIAGHS— 
See Carriers; Collisions; Vehicles; Traffic, Street. 
CARRIERS— 
See Automobiles; Collisions; Street Cars; Vehicles; Hack 
Stands; Traffic, Street. 
DPefinition\-oOf*"Carriagseras sae meme sale ois eke nee eee ie sero tane teas 63a 
Must haye licénse Tor venicle. yr crit eres eae Naresh one' let a tats 64 
Owners of tvehicles musSt#eiver DOM isc «feuelerstovctenel ene cretete Maite 65 
Recordsnumber sto Mb @vKeD Usa owe ces eek tease deter eereneks eee were eee tee 66 
LACENSELTCE]S ica mir ree wie, Sane eet Nemec seit cles elton aee oe nokee te: cere 67 
Licenseishall trun itor seo eiids eetteke nce fetes Re hetee ls el ete derek ak ne ts ete meet 68 
Eicénses May Der translrerre did oe sieves lee ele elcledshocte mete haan Bes 69 
Drivers of vehicles. of, anust responds to) Call owes. ces eee 70 
Whatirtss JORG ae ea eee ce Ba her ean Guat de lioie Col remote na Ee ae its Ge, 
Rates; ete: to be charged by Gray sy; CLC seueelats suslleueh ese venaneneliel %2 


Refusal by, to carry, etc., or extortion, etc., an offense.... 73 


Index. 


CARRIERS—Continued— Section 
Unlawrul tovrefuse to pay ‘charees. oor) Po es 74 
Disputes as to distance, etc., how settled...:.............. 15 
receiving, etc., DPASSCH Ser Sea NIVEer eter seers oo al sg ecw Okcoe 76 
Pra UCheLO® CArridees Ret Cra © Mack Lr. Gtat Mew On Oo Cn elles os Se, at 
Card showing rates must be conspicuously displayed...... 78 
Passengers refusing to pay fares guilty of offense, when... 79 
MUSICAnE VE MASSON S ere WHET (hoch eo ke oh en wen 80 
MoaveecepEiGes thanslegal Taner sn. ee wt. cohen yt in. ols. y.. 81 
MUS aa Vl) NUMNIDErS. ON lA TADS ics wulee lees wee ok eine Ss, 82 
MUSt@UCs Gat Cra Sanitary. eae nic ee hc cee Gece be ene Ae 83 
Carrying anvads duty wih .Certalm CASES. ok 6. scence ec onc 85 
Unlawful to solicit custom at depots, when............... 87 
Unlawful to call out, etc., hack, etc., at depot eters... sauce 88 
Dia ttle torleave svaniGlescetGry. ect. took ois ie Meo Bw oo Dae 89 
SDUPELITRG LOY OLLLDTLEU cg eet ke eee Si go Ay mole, yl 1302 (47) 
SSR eC r ey teenth Cle) Care mee at oa nemcoel Gm Sika twee ede ee sae Se E> Guy 91 
DUELING Sse O Lori cL Vi Shae UCT gee ninety RPS ER SE Re No my Sy. a 8 8h A ae 92 
shallinotsloiter;whenrstand occupied). o0 joc. nk woe, 93 
SCAMS, LOPE SUrOetr CAb Sy kent On coy te el 94 
MEMICIES -CLOrsStigll Bota OllerwetCumtar. 6 il) hes oc eos hack 95 
Wiha tesa li acons titi temlorteriic meses cette tel cy oe 95 
ikwosvelielestshallinotpstandsd breast. cess. ils sos en ok 96 
Positions, etc., at, and occupation ‘of, stands............ 97, 98, 99 
Stand SmOteObee XCluS IVs Suge Maree mie ane misice oa ae tcte 100 
WiS2a cesandsOcCceupaLiony: Of Stand sea are. cis crcchace Afn oe 100 

CARS— 

See Street Railways; Carriers. 
CARTS— 
See Scavenger. 
CASHIHR— 
See Water Department. 
CATCH BASINS— 
' See Sewers, Plumbing, etc. 
WEDOSILS a etLCmelit, PLO OLE ycscraeesutas s.0 cscs fave oh nee eee eels 1084 

CATTLE 

See Milk and Milk Products; Animals; Public Peace and 
Order; Public Safety; Health; Parks; Streets, Sidewalks, 
etc.; Stables. 
Sloppimnescattle etc asnulsance- se whel.. =. .s0 ease eg eee 420 

CATS— 

Dead shall not be deposited in garbage vessels............ 439 

CELLARS— 

See Board of Health; Nuisances; Food Products; Health 
O'fficer. 

CHMEN T— 
rilawE Lu PetOnTiUROMrstheetsrre ada a ccrekeee ciate fle ce wtsea ee ie 1307 

CHMETERIES— 

See Burials. 

CHNSORS— 

See Board of Censors. 

CHERTIFICATES— 


See Permits; Licenses; City Secretary; Corporation Court; 
BHlections; City Engineer; Health; Public Schools; Con- 
troller; Taxes and Taxation; Assessor and Collector; 
Weights and Measures; Inspection of Country Produce. 

CESS POOLS— 2 

See Board of Health; Nuisances; Sewers, Plumbing, etc.; 

Privies, Vaults, Closets, Cesspools, ete. 


CHAIRMAN BOARD OF APPRAISEMENT— 

See Taxes and Taxation; Rendition, Assessment, ete. 
CHAIRMAN EXECUTIVE COMMITTEEH— 

See Elections, Primary. 
CHARCOA L-— 

See Weights and Measures; Coal. 


CHAUFFEURS— 
See Fire Department. 


CHEESE FACTORY— 
See Food Products. 


CHEMIST— 
See City Chemist and Bacteriologist. 


xX Index. 


CHICKEN POX— 
See Contagious Diseases; Communicable Diseases; Food 
Products. 


CHICKENS— 
Unilawiuletoernirivatelan ee nace tiation item neta ei eae a ee 


CHIEF OF FIRE DEPARTMENT— 
See Explosives, Inflammables, etc.; Fire Department. 


CHIEF OF POLICE (SUPERINTENDENT OF POLICB)— 
See Police Department; Policemen; Carriers; Controller; 
Corporation Court; Explosives, Inflammables, ete.; Health; 
Vital Statistics; Pawn Brokers, Second-hand and Junk 
Dealers; Public Morals and Decency; Public Peace and 
Order; Public Policy; Public Safety; Public Pound; Street 
Railways; Streets, Sidewalks, etc.; Occupation Taxes. 
Controller to charge with fines, etc., assessed by Carpora- 


Section 


TION COUT Ae LIEN Ree eee eee ne oe re 129 
Fines and costs to be eg 88 Jee Oar RA That RC Ma gE Siete ey tg a 146 
Shall make daily reports of commitments returned, ete..... 149 
Prisoners released, bys owl GH .c gene locen ee brane ae ee roa Lote) 
Shall have cotton unlawfully stored removed, etc.......... 303 
Shallserve process Of Year yori Oat Gaiden een Boe 
Shall see that Market Master’s receipts are posted, etc..... 637 
Shall see that Ordinances regulating Market House ere en- 

TOT COD Oe ake Wari ee ee hhg tp ahcae eet sake doles Urea ie Tiree eae ea CL Ee cee 638 
Membér of PolicexDepartinrentinrs seca cide ena. cuenemneaet ieas one ote 707 
Terms “Superintendent of Police’? and “Chief of Police” 

SY NON Y MOUS, 2 i gS ise ele Sie’ Sua spiel sie theese aac Ret ety eae i ee ENa a 708 
Creation rOf sO flies. 8 wigs cae al sens tenements we soot teeta teks Rane tance oe bale 707 
AppoimntMmentrard SDOMGaaiehs iene sete cease Gla nie oe oer tenn ete ee 710 
Has. charge,:éte,:of Police Department ..3. 22.5 re eee 709 
POWERS JANE -AUEROLLEY 70:4 i ccecseks chee rtie le ahe Aeros orca elie bal git che Tad 
PALE L OS tar are ono cate yite ato Testa a neibavents Vamee ately So ete Cee hae Ives ty den eee eS (12 
Shall instruct officers to report new occupations, etc...... 725 
Shall report weekly such new occupations, etc............ 726 
Shall watch conductoft-certain Persons 2. cee este ieee Ry Tart 
Authorized: to accept cash. bail when pete. w.cuses sais i saree 740 
Shall make daily reportiof’ Cas spallsSniaussisetetehe chara eenteceanehone 740 
Amount ofveash bail, \nothless! ClCH aca neat acl tte eee 741 
In cases of cash bail, shall cause complaint to be filed..... 744 
Cash bail not to be accepted when Court in session........ 742. 
Disposilion«ef cash baile ele cmakie Lacan eee ees 745, 746 
Whovatlowed- to. accept; cash bp aiiiieemete ntact, eo tedden Wenner een rome T47 
City convicts to be worked under supervision of.......... 152 
Shall make daily remittances............ RU SE Ree Le ae ea ay 755 
Shall=-keen "record “Of COMMITTIVEMN ESS cemacivacisia nce onceetey een che none, aeetle 756 
Shall bediable tor all fines” and-COSts macs) euctemedeceis snetepen aie: 756 
Duties with reference to fees earned by police officers....770, 772 
May-destroy coats and Noes* whem icra... sone peas) cee 855, 856 
Shall -establishs public, po UmdseeU Crk. caerscser ee eaueuc mere meen ee 860 
Shall’kill@ impounded animals wien me ree clots ous nase eeke een eae 862 
Who Shalls-1m pound hy disap thats ea eae ere ascertain nt re sn eee 864 
Wounded animals shall be killed, FWilene snk & se ARES Aah et tale NORE 870 
Shall -report animals Skilled not siccese tee teh tue ees eet Sy eee 871 
Shall take charge of “Policy Game Devices,” ete.......... 878 
Shall-take charge of dogs runing at daree so. we wate cle 908 
Shall: dispose of ssuehsdossy WOW cmijatieeaneneia cee eae OOO sl LOU Obleen wees 


CHIEF PLUMBING INSPECTOR— 
See Sewers, Plumbing, etc.; Gas. 
Meémber Engineering <DepartmiGn.totm. eins ans semen ircke renee eee 
Creations 0f Off 1 CGo or ie cee Se aera ert Reem neared antes pis ibUsKlelcs ty is 
APPOINtMent- and | DON GEN. weieei a ee Rete ae CoRee ee eeu aes ce 
Duties; Of, ete... 2 PBA bok a othe ain et adie ET ee rebt Pac eres 


CHIEF SANITARY INSPECTOR— 
See Sanitary Inspectors; Health Department. 


” Member=of “Health Department. mei -cutehe:cre essen cena renee anc 
OfLICE “CEA ECGs a rerkie jo isso Ue, TUG RUSROUERO EN ee LOR TAME Te teers CRsEe Re tets Wels 
Authority, power anGiduties sOLSs <n. a atesek: CUNeetaen eekamtu cen aene 
Salary OL eer s toa wets ete ieleVoreea ate. esate oumee he Ee emttce ietstae leas ae thelr ee te Lecomte teas 

CHILDREN— 

See Public Schools; Supervisor of Hygiene, ete. 

CHOLERA— 


See Physicians; Burial; Public Schools; Food Products. 


CIGARETTE DEALERS— 
OCCUPATION TAK OMe erie. ore ene fone tard etter ode Me ee mer eh rette tener te ee TOROS 


1341 (h-h) 


Index. 


CHIMNEYS AND FLUES— 
Creation of office of Inspector of Chimneys, etc........5.% 
EFUE em Cement aC Cha tis au Sant Sette iae u me arte Mah Rare ete emia /t LT BU aa oe 
A‘yppointment and removal ORS Hc ReRA Tis USE RAT es aa epee aes a ted Al a?! 
nieawst Uiet Onis 6 SOL LA COMl weTGr sWilely ce nasisisss tinal ajeiaadieiinely fice 
Provided with smoke, ete., consumers, when............... 
PATIO tye OL 7 LUG LMS DECUO Lata ts cerele pickes sel alavokend per aee eye srdye clad 


CIRCUSES— 
Prohipitedr Deum eens Certain Gates...) oslo cece reves sk ee whe 
HB GaN OU e. Vou al Cea mots oe kom BORE he Al aon 5 Pp PLO cd A i Aer a i on 
Paradess0t awithout, permite nla wihdlee pices eee ld ls ones 
Unlawtul-toeparade between certain dates: 225 3s. Nea cate 
CCCI AE Ollie CAS Oar ay ie ch cue ater er cucke tel ch oh ar aolebal b abalec are Sinan teeerhn! oats 
CISTERNS— 
POM UES deel SAlIGCGaas pee wen teen asain: fh lalsctiicretetseh as iascst shale nce 
DS CRECOMINS O Gabe ears cite erie areas eRe Tk Mean ee ees aris ee reke lesa te chbn al Bae 
Construction of section requiring screening................ 
Trea VATE eUMCOV.CLEC) CLG wad LOPLCIMSCr a ot ncaieret cleiene. sc, Sees a, sbarareee 


CITY ASSHSSOR AND COLLECTOR OF TAXEHS— 
See Taxes and Taxation; various Departments collecting 
“moneys. 


CITY ATTORNEY— 
See Legal Department. 


CITY CHEMIST AND BACTHRIOLOGIST (CITY PATHOLO- 
GIST, ETC.)— 
See Milk and Milk Products; Ice Cream; Pure Food and 
Drugs; Food Products. 
MembpersO@ LLeaiLoewe par elven tarwess viele co sairewskec ence hele hee ee ae 
COS DEST ETON a8 3 ESA Pe Auer ilar eet 6 orp MRC 0 a ae rae oi SAE en Be 
Qirali Meat Onsn Ofve. ae yee are SR ee ht PARR RE See eA Nets Wertaeke, Shiv 
AEN Ste O ee ape see MD SOS Poieal Sfisseoreh eke ees, gl Pork Swaps Gaia tora 's abst ars 
SS elena Van, © omer eC teat ed Bad crete ad awake, LAN NG seceletcon east csv cliente core fa taal State 3 Me sethvce ci 
Rxanrinations tosbpe wmacdeaby, to include. ...50. 0.3 sayee aes 
Duty to prosecute, ete., violation of Pure Food and Drug 


ORATLHATICE Sweeney one Or MaTe CATO oe ee a shear oy reich clohanes conte eae ete Buena ths 
INOLSCU TY SOD 1 V.CLCOLtiiCaA te OtepULIDY:, CLC. lot. nite sheeted tere tsile ste 
INDIAN GEN EY OXON NO BER ME Cheesy NB hich. SOME) arco Ca aie Larne ear ae eae Aa 8 as 
Authority to condemn as unfit for consumption certain 

TORR OLE SD YES ce Sos fol SL eee, ST es eee is eB RITE Gr ceca Ir 


CITY CONTROLLER— 

See Corporation Court; Chief of Police; Water Department. 

xX OllClOmoAeccnetany OL mCltyar Ot ELOUSTOR- | .\ssle aisle c ecee oaks 

1S OTL Geer ee tee eed eae ePaEN 7s me Sai ec ry Sar poo velsce figte oe hes 

Books, etc., used by Departments, to be approved by....... 

Sige prepAnert Ott Sie CLG SN VLO TI ey Aili silei os cher cehenls Siecle wesllets a elite 

Shall deduct taxes, etc., due Dye ereditorsvolLy Cleve. wi denee 

Sieh ease ex Calin crn Our hn: Lay CLUE ae ete, are ea, eas oe: sardine slr ars dd Ae enero 

SiatllerenoreslOuVlayvOrwerGopwees tte nieetche ns she ol Hove kTylate Ahcomeioks 

Siiaiiso pene cCOUnte witha @ det Oils i Oli CG mtay.s-vdetn clas ee teers 

Shall charge Chief of Police with all fines, etc............. 

ALTO Gs tye tO Toe GUL Ae OS om ened Hence en Aycce voilone fore SOW sae Reletoe ts Sie edene bad ok Searels 

Shall file monthly report, showing certain facts as to 
Charees. tOsaccoun tof Chie Of POLMICEC Sere siasstackl cent tielove ne 

CITY COUNCIL— 

See Moving Picture Shows; Theatres; Elections; Subdi- 
visions; Explosives, Inflammables, ete.; Harbor Depart- 
ment; Market House, etc.; Parks; Railways; Sewers, 
Plumbing, etc.; Street Railways; Streets, Sidewalks, etc.; 
Taxes and Taxation; Occupation Taxes, Liquor; Water 
Department; various Departments and Officers. 

Rivesmeoverni nes PrOCCCOIne Sr Oket volar teycis pooled oe ehety ape et ada 

COMM EET EES O Lee toe ad sera enc stor clg sa ha Ooh data lavedat eas disheeanctocemay% apoital ¢ 

GOmBOSTUOnie Ob. CO Minot LOCO fecists wares otalee sup s Fhe se Mee oe oh oped are ee 

DUtLesMOfgenainimen OLsecOomraluteesinnrd «sakes sea leciey aietanhaele 

REGRET CeO bar OO TTI L CEOS arclensiae we Goo aisciion cnet inyses (6c NSy omen clbeeee seifamsertearan ationt 


CITY DRUGGIST— 
NMEMIDEDaOimETeaAl phe CDA CMI CTU. seus bls alc omdtele ena m tateM ele, © Pleo nteltee 
CII CATLOMMATIG BOUELES ocr etone s atere Teepe eh she dd mel Great Minto al aye aoeiiets 
SLL Psy ae OL eee Soren Naaru hielo bale oj'sl ecrsive boitallottetter 'o Pas nureei ey, MaMa cole eta a aye 


CITY ELECTRICIAN— 
See Moving Picture Shows; Theatres; Electrical Depart- 
ment; Electric Light and Power; Signs; Poles. 
Member. otemlectricals- Bbepartmentc. 05 0G ches’ scrsemsteen arene. ons) 6 
(rentiOneois Omice.od 1s Lill CAEIONS % SEG ers. cilctessicdoeienaheheuet <6) Sa0ils).« 


Section 


102 


109 
110 
Aah 
112 
113 


369 
382 
383 


_184 


185 


Index. 


CITY ELECTRICIAN—Continued— 


Oath “an GFDOHG whic ccc, oe esses eect ee eMC Nae Oea sateen Sameer he ates 
DULTES OLA a Bt pies oS Gs trate. tere out bud ale. se Cie ewta eh teey eee bite oy ebeeehete ene 
Restrictions upon engaging in business, etc............... 
Salary suspension, assistants, ,eteG sone arotens cn euatereee erent beets 
Dennitionas City VUleceni Gian sas. cea eee eter et ena 
Shall not issue permit to contractor, etc., not licensed...... 
Shallivissuespernii ty Wenn Veleseccetcate tors ca peetiawa en cwetcastee Pesce aa vovate st rate 
Certificaterot ANSpeCtion™ Diy me iccricscsks teen Lot eae aes Bhim acne orci: 
TEMDOLAL Yea D CLIT were ohh gustatory gee eee aor ace Papa one cote as 
Empowered to inspect electrical apparatus, etc............ 
Authority tore t outwigsht Smet Ces we wei tessi lsu conan sire ence sisal 
Fees of for Anspection ss. ciniel ob hus: oe tee eke lake eee erat 
Member of Board of Examiners of Electricians........... 
Permit from, to erect poles, etc., must be obtained......... 
Shall direct the location of manholes, tC ae etas euler ete 
Duty to notify owners, when wires improperly constructed 
Interpretation ‘‘National Electric Code” by, final.......... 
Testini2, electriesmMmeLtenss Dyce icine cere erecc serene e metec sac ac wa nieeeeeicae buen 
Testine VOItaS eS pies ate os etn eo sta onan ceneUe Ieee ene eaee sy Glee rene 
In making testssimay Cubroril 2 DUS et Cee amen. ster rein terenotereeetone 


CITY ENGINEER— 


See Theatres; Oil; Harbor Department; Railways; Sewers, 
Plumbing, etc.; Street Railways; Streets, Sidewalks, etc.; 
Water Department. 


Member shneineerin & DeEpartim ent i js ccceencts et tencustetont conaie seater cee 
Creation OfsoffiC G27 Oat sys in Seems celta oe eaUe tea Ree teee nero atone nce eee 
With Mayor, has charge, etc., Engineering Department..... 
QUalificCatiOns) {DOM aS oie sas ot ot eae al eee Poee ne ae ean oe che eee eae ae 
DutiesmMn addition stosothercduU ties setec wi smerel chats a creaeeeie macnn 
Restrictions upeén, employ ment. etes= nish eine ole eee ees one 
Custodian OF sMADS CLG s waters ehele ee she erieMere et oe iste heey neon ames eleven ane 
May 2makerruless: GUC avo ace merera ew biotat stays abal ce sie etencen ner ren SCs oe 
May “SUSDeENd, “EEGSH Whee coe) ea ae tcaarhente el ss potetrom tremens pomeie st sears Pmeaty 
Shall crunSlev Elsie teste see ctta ete criciets sae SOR aeE a ue e ee cote en PAI eee 
Shall2keep-TecordsSeret ora sctoncus Giotectel sss cee mire ealenecat cu icnewe aire 
May, with Mayor, require bonds of officers, etc.:.......... 
Shall ascertain established monuments, etc.:.............. 
Shallsmakesurveyisyiet Ce we es 2h ean Lo) te ean neem amnesia 
Shalljfixepropertyelinesmelewie | oe eveichs cseeke ere cheno le eee 
Lines not to be changed, except on survey of.............. 
Shall inspect maps of profiles, etc., of rights of way....... 
Shall examine; eéte:; applications to Jay tracks... i... ee. 


When permit granted to lay tracks, shall furnish Assessor 

and. Collector a DStraGt sel Cie cae casero einen ee eee cane 
Maps, etc.) made by, property sOL CityView seman eee ee esae eee 
bre) 21 <a 0 BNR RD rami se Anim Sh Sak ern au Bob ne bitin aaa pun tea went abel ay | Samar asirais 
Fees: to: be paid to’Assessor’and ‘Collector. im 205 cai on aie 


CITY MARKETS (SANITARY CONDITIONS)— 


Must be properly lighted, drained and ventilated 
Stalls must be lighted, drained and ventilated 
Stalls mustsbesconcgucted a Wows sr oon eee cena eee eee 
Unsound and unwholesome meat, fish, fowls, vegetables, 

fruit, or other products, shall not be offered for sale in.. 
Health Officer may enter stalls or places in and inspect.... 
Shall furnish evidence to City Attorney to prosecute vio- 

ators sO£% 2250 cas ie age ste Ce hee eee eee eee eee ee eee 


jor ele) jayxe) @ co_'eikwt <6) a! ee 


@ © 6 0) s\ pe fe 


CITY PURCHASING AGENT— 


Creation: of ,officest salary: DONG ss: ae ets eee pra ates, Bek 
DU ties “OF gets cir Seek ee ae aa sb Mena gt Re ee een nL ar 
Necessity for appropriation before action Dy...) sess ote 
May establish rules, etc., for transaction of business 
Eyx-officio’ Public Service CommissSioner..../....0.....20.- 
Restrictions upon interest, etc., in transactions.....:....... 
CIOL KS ie oS Sere eal Ae eRe Os Ladle kes ESO nto Sosa Shee eee: Bap aT HEE 


CITY SCAVENGER— 


See Scavenger. 


CITY SECRETARY— 


Creation of office; duties 
Controller-ex Oflicio picts enuscese once ntepa ee eae cence) seer tie) cect eicur 
ASSISEAN US TRF, Rooke ot a/Ate oct lateloe: eke cuetle RoMley SiGe coer Pee ica ee kere 
Must note amendment, etc., of Ordinances, on margin of 

TOCOLG edt olates aoe ete Bea LAPSE ene enene le tehel a ep etlec ats uoh kee genres 


eee we ‘a G-6:-0) oe, ese pie B) 02s, eee) ee G2) 16,'s 8.5 oe See 


Section 
186 
187 
1&7 
187 
188 
192 
193 
193 
193 
194 
194 
195 
196 
204 
205 
214 
189 
983 (5) 
983 (6) 
983 (7) 


° 


Index. Xili 


CITY SHCRETARY—Continued— Section 
Shall endorse hour of receipt of all official communications 119 


Shailikeep record.of official= bonds). ser /saes ee. 120 
Bondsesuallabercomparedsand, certified acust wee ee. 121 
Action: by.On.applications for liquor licensev,.c..45.0...:.. 1347 
Siidlwew SeCCLetakyVaLORSOard.cOtrtlcalthnece tt eee. eos 390 


CITY WEIGHER— 
See Sealer; Weights and Measures. 


CIVIL ACTIONS— 
See Automobiles; Traffic, Street; Openings in Streets; Car- 
riers. 


CIVIL SERVICE COMMISSION— 
See various Departments and Officers. 


CLERK OF CORPORATION COURT— 
See Police Department; Police Clerk. 


Creation of office; duties; appointment; salary............ 140 
Wa tialsOracteasm ir Oli@es Glenker ties cierto). seal e cheeses ok here nie 140 
Oathipan Qe WOlMGmrtmey a ele rere eatetece ae Cesta Gore oie unk ete ay § 141 
Deputy Clerks; appointment of; oath and bond; duties..... 142 
Shall make daily reports of all commitments, etc......... 148 
Shall make daily report of all cases brought before Court.. 148 
Sha tiSSuSa ware ts wa aterm aaron oe ae erence nen idl ane ae eetasm ale 151 (ce) 
ShallerSsuexGOmmMmLenien bre namie eed porckence ora ceSrsiabe atekgele coal Seen eae 1G) 
Shall issue order to Chief of Police for remission of fine... Hd 1) 
Slam CED UEGOCKE Laat at N EAs mrt ne crche a hiare 2 aibae 1 Db onir CeoR AY et a2 
Failure to comply with Ordinances eause for removal...... 154 
NMeMIDEtE Ota Oli Camm CD AL IME Unrate iui hcelkpotecols’. cbs wie soe etecener arene T07 
May be required to give bond as “Police Clerk”............ 722 
Shatinmaker outer complaint siter. vars nee ee shlelehe dare + oe sislarehe swe 758 
Shall report fees received from police officers, with check.. 769 
CLOTHES— 
See Communicable Diseases. 
COAL— 
See Chimneys and Flues; Weights and Measures. 
Venders to sell, etc., on basis of true net weight.......... 1504 
ETUC ecw, CL bok tO MRE na Paty or cl eiectll cial a Sigass sks fore dette. ale dudions ». » L505 
In sacks, true net weight to be marked thereon........... 1506. 
Venders of to provide drivers with delivery tickets........ 1507 
Veriiecation of welgnt shown by; ticket; ete... . s. «tine se oe s 1508 
CODE, REVISHD— 
CenerdijoLOoviISTOMS mC OMCEEMNIN Sata cieccrsiiiccs cere csu cher sce, sjeneyeneyec enous 1520-1530 


COFFEE HOUSE— 


UT awe erOore lew cewOrman CO; tr COU CMU. os ciadstens ¢ aleeaectl elale oo 783 
Unlawful for lewd woman to frequent, to eat, etc......... 789 
Unlawful for proprietor of to permit lewd woman to fre- 
MUET Letom Ca tim GUC =n su-mmm mel curve meer uaueles’ cho tel cL edecaceVaitn aie subesin Matebola's lone 790 
COKE— 
See Coal; Weights and Measures. . 
COLLECTOR— 
See Assessor and Collector; Taxes and Taxation. 
COLD STORAGE (REGULATIONS GOVERNING)— 
MGT om Otmr erties COLMmS COLL Che onsen) oyers 90 also emi hat eteh ecesoliiane 555 
Meat, eggs, poultry, fish, ice cream and other animal prod- 
WECSIO LAL OM DCE LAID Cig ee ai ciate veer er clove suet eh or onto oe oiay Tote! che on atau tare 555 
Retailers of products of must have sufficient icing arrange- 
TRVCIUC Smet pee ee terete ee one eaccrt, oicaiacaaoMion aia Wy elaes on eifisiventevemaye sls oh shal alieiieiee 556 
Products once removed from and exposed for sale, then sent 
backs tow shallenot, bDesservied! OL SOLA =r /cotrersse c1c1s-) sie at os aiatiotle Dat 
This includes chickens, turkeys, and similar products...... Dia 
Products so handled declared contaminated, unwholesome, 
OE CME A, SAN Gal a eee Fete Tact Aid vetagn Sette ele iessreie theadanmeke aide, eyeiens 557 


Labeling shall obtain with respect to products brought into 558 
Restaurants and hotels supply products of, shall display 


Signs on “menu” Or OTHEr wise). 2... 2 vi oe aieie = sees «wie w ene 558 
Products of shall not be sold as “fresh,” “strictly fresh” or 
SSErO MAEM Om COUIELE Va ra ce ee eea esl eecee sietoyenaieds ite eh exeledoha scetetanel alleys 558 
Products not of, not to be sold as cold storage products.... 558 
Penalty for violating provisions with reference to......... 559 
COLLISIONS— 
Duty of drivers in Case Of © 6 Pe Oris Die ood ov eielcie pa 0's 922 
Wantonly causing, of vehicles............. AR en Stora cuausl ses 928 


Duties of drivers in case accidents, etc., due to driving, etc. 1302 (52) 


X1V Index. 


COLLUSION— 

See Contractor. 
COMBUSTIBLES— 

See Explosives, Inflammables, etc. 
COMMERCE AVENUE— 


Unlawful to use for switching between certain points...... 


COMMISSION MERCHANTS— 


OCCUpatlOn Stax OM sees te etar ees Oe Pike heen a iapeire ana Tene te ne te aco ac amine 


COMMITTEES— 

See City Council; Board of Health. 
COMMODITIES— 

See Weights and Measures. 
COMMON TOWELS— 

See Towels. 


COMMUNICABLE DISEASES— 


See Contagious Diseases; Infectious Diseases; Pestilential 
Diseases; Physicians; Board of Health; Health; Hos- 


pitals; Persons. 


Dutyot Bosardrot titealth to 1controle. voces ieee Lice eee 
Barber shops shall not employ persons who have.......... 
Physicians shall report in writing to Board of Health...... 
Principals, ete., of schools, not to permit children sick £Y om, 
to attend schools A et Sete retical mia ey AM ETS 5 ora Lyte Oe 
Persons having, to be isolated as directed by Board of 
EL See Lt 2 eS iere ee ce tadlete ye jek coer o we na ehieaiele ede wetted ate adake eeiehete aye baer ogs Mie rae 
Buildings, etc., infected by, to be disinfected as directed by 
Board of Health, Si React eh oh php sia lsc’ Rape soiree pe Rage Be teen Me nat Ne Jee tek ae ean 


COMPARTMENTS— 
See Street Railways. 
COMPLAIN TS— 
See Corporation Court; Chief of Police; Policemen. 


CONCERTS— 


OCCUPAELON SEAR LOT see eo epee ta Shae oe eeton Re eree cere ne mean eee 


CONDEMNATION— 


See Corporate Limits; Pure Food and Drvet Milk and Food 


Products, Condemnation of. 


CONDEMNATION OF UNSOUND, ETC.; MEAT, ETC.— 


Health Officer, etc., finding meat, etc., blown, etc., or other- 
wise unfit for consumption, shall have right to con- 


GERMAN MSEC cA A ne ey iin euaee foseutecesie hee aaike camonae oaee: oceHeMatesite toi ite : 
CONDUCTOR— 


See Street Railways; Railways; Street Crossings. 
Unlawful to block street crossings exceeding five minutes.. 
Of Street Cars— 

Unlawtuls tosinterter er wilthiicinces susin ese craisne busts iene eee ee ieae susie eee 
Shall have right to refuse passage, WV ET ere MOAR emsite Colice aah 
Exelusive duty torshift ySCreems iw -peasesisieielisne cosceme See) sbenaverete 
Duty to Teportapersons, shitting eSeEeenSs us witem secs ereieeaons 
“Power of; over passengers and "SCreGns. an cc le& « eters cs oe tue 
Duty to notify persons of Ordinance against smoking on.. 


CONDUIT— 


See City Electrician; Openings in Streets. 


CONFECTIONHRY— 


Persons shall not live OF SLOG) 230) olep-iais + teletenecptrcaiiogs es e0eewtoney eee 


CONFETTI— 


Unlawful to throw upon persons, where......... rs Aes: ae 


CONGREGA TING— 


See Saloons, Regulations, etc. 


CONSTRUCTION OF ORDINANCES— 


Words*person!?+yin 4H eal th; MIM Cans are crete cr creveenel ate, cherckene lketaenths 
Terms <; Circus’? MeOan sh oes 5 sects cater cvahemeioal detans nethon met usl sik Mae ee aseanns 
In case of conflict, etc., Ordinance last passed prevails..... 


CONSTRUCTION OF SIDEWALKS— 

See Streets, Sidewalks, ete.; Sidewalks. 
CONSTRUCTION OF STREETS— 

See Streets, Sidewalks, ete. 
CONTAGIOUS DISHEASES— 


See Communicable Diseases; Infectious Diseases; Pestilen- 
tial Diseases; Physicians; Hospitals; Persons; Swimming 
Pools, ete. 


395 
436 
481 
488 
490 


490 
491 


1341 


1525 


Section 


(s) 


Index. 


CONTAGIOUS DISEASES—Continued— 
Board of Health may take necessary steps to prevent spread 
CL Lome LO WAMU DML Ne MMe dae cecaveeslcanc.. ohened Mi har RETF Ae Giese ee woul eh ecaky 
UlyeO ts Oardrort = Eien lths to (COnthOI.: mira acid sc che cv «che. diere 
City Chemist and Bacteriologist shall make bacteriological 
and chemical examinations for, as directed by Mayor, etc. 
Sa of persons dying of to be buried within twenty-four 
HOU IOS Emery siateioncn hit Le ena Aiud er rbcnev A CI see aac cea eM elds cin wi thoetnite bie ons 
No public or church funeral to be held in connection with 
burial-of bodies of personsi.dying. with’. a. osc. cee so ks 
Board of Health shall have control of hospitals for........ 
Board of Health may secure removal and isolation of per- 
OTSA Le Ca cWWLL Ele raWictta fey yt cook alta sneee Nae wthtrras a odlincaveuaild oldies dusteme atts 
Physicians shall report to Health Officer within three hours 
Physicians shall report to Health Officer within six hours 
GERUISH CLOW aber ne i Dior take fh rome tep eM arenes, to ote cone ve teiecelen ora ale 
Hotel keepers, etc., to give Health Officer immediate no- 
UC OO im mae Peete ne roel greener wre Ree NA cS teaeatas ct cme reciel Sharia 
Persons infected or exposed to infection to obey directions 
Obit eal the OLF GOlatecmy waent saree ele cree teks: o} mone: ies) euavielle-es) Fara. ou thetecs 
Milk dealers, etc., shall not remove from house placarded 
LOL Hany DOLLLES Cte, NOt disinfected, CLC lk. 0% sieds soley sere 
Persons suffering from, exposed to, etc., not to work or be 
BLIGWeUrtLOnWOL LDOUr Gti Ve CLC. sie ccs,c cis oes sie ewn dee eee a 
Persons affected with not to work or be allowed to work in 
any building, etce., for production, etc., of food 
Health Officer to be given notice of, among cows 


CONTRACTING ELECTRICIAN— 
See Definitions; Electrical Department; Board of Examiners 
for Electricians. 


CONTRACTS— 
See Contractor. 

CONTRACTOR— 
See Labor. 
Wihatsconstitithvessay day Ss labor on City. wOLrkis. ce ws 6 dates « 
Labor Ordinances to be part of bid, etc., on City work.... 
Unlawful to collude in bidding on public improvements.... 
CitvaCounel Mas right tO inv eStIPAte,” CLC. ois sles vals hae ves 
City Engineer not to deliver bidding sheets, etc., to those 

Ur varO fin COU SLOT mel Grmttntmeiser sce alate Cle sereis ie ane sicpara ce wife's sone ate 


CON TROLLER— 
See City Controller. 


CONVICTS— 
See Corporation Court; Chief of Police; Police Department; 
City Prisoners. 
State, not allowed, etc., to work, etc., on public place in City 


CORD WOOD— 
See Weights and Measures. 
Standard. measuGvenient. {ex<e6G@ CGC a... ok Byres a ieieeace fetes ie) 
Wrnlawiil tonesell seteon excep trys COFd, CCUG sa.) 14 vistors snes «ees 
Unlawful to sell, etc., less quantity of, than represented... 
CORN 
See Weights and Measures. 
CORPORATE: LIMITS— 
See Charter of City of Houston. 
Hxctengdeaeror niin lCed “pl POSCSin es iyetares 64's eersele) se teesps, tetereors 
Authority, ete., of City over extension....... 2.066. sie ee 
Beyond ordinary boundaries, not subject to taxation...... 
Inhabitants of such extension not entitled to rights of citi- 
BOTS ITH. karte ee tas ee «PU enc Lae eke) Weolade thy ANE vtee fone wy ohe. sm elaneeits 


CORPORATION COURT— 
See Chief of Police; Clerk of Corporation Court; Police 
Department; Policemen;, City Controller; Milk and Food 

Products; Index to Extracts from Revised Statutes. 
Sim eco heh haya ee eer, ee ee gle ened care NO oapen ik IDRC cuc rT mOL One! Dts Sc ec) Ch outa 
OVeneL or DUSTING SE ee ere ee oF elk cle a oles 4 ake, oles = see Ww Athos 
FUMES Ot DLAC tlCE a sty apse chao. selteas) petals sss Sache aWanetacshaieiapes chee e ote 
May be held by Aart St CahWNGI Resi ath Mi dee en eiebeneds eter et chert cs 
Prosecutions, how conducted A Cay COMCLUCECieraraen seen aaltaete. « 
Pleas accepted and disposed of in epen COMBE IAI hea ed: 
Office and hours, Judge and Clerk.........-- eee rece eeees 
SSA WOLeCOULG Me ale me trate Mae sides wrtiacld veh ahie bane te ew he ke TAs As 
POS TAMLOU LT Oma vee tai aen She: ite witesene, ais 1a vetlel a eben elim apn ohsrayene of stars) eyetens 
ET AYO La LLY a ene TICs (oecnn nahineree elle rolls) slinival of elm couvtasetal ome o loistey'sitaie vals 


S/G5n) 9 e:"0) @r $y elie 


Be’ oh G6 Fela 8). Nb: 


Section 


389 
395 


406 


483 


587 
588 
899 
901 


902 


891 


cab 
1512 
1512 


XV 


XVl1 Index. 


CORPORATION COURT—Continued— 

Hines, ete, to we paid -Chicivort -Polices seen ee a ee 
Controller to charge Chief of Police with commitments 

TSS UCC a acca Alot he Mee ree Sve ice Pha aaa o SE Se ate Aa eNO Calin 8 ah igs eae PE 

Rules of Procedure— 

JWAe-TOF RECEP ~MINULESAOL «apse te sete, eR cae Gel ae ee 
Proceedings, how commenced 
Shall be in name of State 
Warrantsshallt besiSSued:...2 sips aus mate nc sccten ole aero ne I ee riane re 
Complaint to bevread=to-defendamt] tse: an tee ee 
PLCA Of SUTICY ce. eile ital shee veer uae one Coane ec beeen O Na parce eae 
Plea of Not) Sulltyy Pa heal ce eke cece oe sateen ee Sa ete pe 
CONTINUANCES ow ieigencnadsawta rere eae seed ce Taide tenet Rest ois re ove Pe eae NE eee 
BRE 6 F430 =) a ere Nn AL = sen Dust eeaR. Ieuan ay eke Me) eee ae OW hg ST ee te ob 
U5) 0} 61212 0 Meena Nitrate Leta hits erihs rune Ay mele Me eae S Dulce La Bee A 
Prisoners. to be, released. wien a. onsen eo ee 
JuUdze nov toOsreducesines mete, Pal vererep Oriya eve cma meena 
New trial ety en: set Gre Sigs upaere ean amos aree cee robe ae ne nee en a 
Application: for newe trial, wwhenvmade, ete se... ..cu ce eee ne 
Judge may recommend remittance of fines, etc............ 
Procedureconssuch,recommendatiOnsss ni eee eee eee 
City Attorney not to nolle prosequi case, unless............ 
Judge may be removed for failure to comply with rules.... 
Employees, ete., of City not to represent violators of Ordi- 


@; \e) Dasele Pele je were iol vie, ere Le (818! .6) cies) Je sie ewe ie 


ot ote) er eh a petals 650 Le fei 6 16118), 8 | 6.,'o hoe ip UD Ee Eelipite hehehe he Lo 


NAN COS co cles ae Gee eat eae Rte 5. <a h ee 0 Tees ane eset eu ue 
Provisions of Code of Criminal Procedure apply to collec- 
LION HOLATUGSIMENUS SEC ae ences ele etek, Cae TY cee RE Sees 
Corporations, jurisdiction over, how acquired.............. 
Corporations, fines, etc., how aSsessed against............ 
CORPORA TIONS— 
See Corporation Court. 
Jurisdiction over in Corporation Court, how acquired...... 
Mines, ete, No ws assessedsa gains tiers + mira seee meee eee 
May also be assessed against the manager, etc............ 


Duties imposed upon corporations by Ordinance creating 
Public Service Commissioner, also imposed upon man- 
ABST, VEC HAs she ak sets hla. ha tebalisnls au aismae ee sual, abe Selsis bes sett eeeterpayeteee merce 


CORPSES— : 
See Burials; Undertakers; Vital Statistics; and other kin- 
dred subjects. : 


COSTS— 
See Corporation Court; Chief of Police. 
COTTON— 
See Explosives, Inflammables, etc.; Weights and Measures. 
Wihierér MAY. DE YSLOTEU Geri ree ihe eey et seem pacie cchereue Remeacbagene Rteee 
Warehousemen must properly guard, etc.................. 
Hire and smoking prohibited in warehouses. ;.......5...... 
Buildings, ete., for storage of, not to be erected without 
CONS ents OLEC OUN CI Pay aees hey coe rloner eat cro ne oe: a eT ee arene cr nae 
Chief of Police to remove cotton stored im violation of Ordi- 
NANCES; -6EC < AAS ea alla ot Ria line teapots ma gone etaalse| Leia ee ee ene icLwigette Aeitile 
Endangering, etc, sby fire, .ete: an ollensSe:y ae cee ele 
Weighers to mark, and furnish certificate, etc............ 
COTTON BROKERS— 
OCCUPATION Tai OR ese anette thie es al So meese ee pie ar tice tease ge eons 
COU NCIL-— 


See City Council. 


COUNTRY PRODUCE— 
See Health; Market House, etc. 
Unlawful to peddle, ete., unless inspected................. 
HIOUrs Or -INnSPCCULION Grams ihe sc seeker scent er ties anemia othe 2. 
Gertificate Of AnSDECliON Sle etek teeta athe ace ieneaeeate eee 
COURT HOUSE SQUARE— 
Unlawful tor sleep ons etci erect eee eee eee et ecueke phere nets 
Destroying, €tes trees? CEC ON. cuasee cases net chemets she ty cholera auiot 


COWS— 

See Animals; Cattle; Milk Cattle; Milk and Milk Products; 
Milk and Food Products; Dairies and Dairymen; Public 
Pound; Stables; Chief of Police; Streets, Sidewalks, etc.; 
Obstructions. 


COW STABLES— 
See Stables. 


Section 
146 


299. 
300 
300 
301 
303 


933 
1518 


1341 (v) 


647 
648 
649 


685 
686 


Index. XVll 


CREAM— Section 
See Milk and Milk Products; Milk and Food Products; Food 
Products; Ice Cream; Dairies and Dairymen; Pure Food 
and Drugs. 
CREAMERY— 
Persons shallanoOtilive. 6cteo- in WOrkeroOnl Off. 0)... «ce Ss 548 
CREDITORS— 
Debts due City to be deducted before payment............ 125 
CREMATORIES— 
See Health Officer. 
CRIMINAL DISTRICT ATTORNEY— 
See Vital Statistics. 
CRUELTY TO ANIMALS— 
See Animals. 
CURBS— 
See Sidewalks, ete. 


DAIRIES AND DAIRYMEN— 
See Milk and Milk Products; Milk and Food Products; Food 
Products; Pure Food and Drugs; Contagious Diseases, etc. 
Health Officer to grant or refuse permits to establish or 


COTIGU CEM eee atest te eae re eR aa eet eee ee an aes tae Eda’ eacinal eS atdea 399 
INOveharaershallshermad ent OTe mere tte se ela a Site Sh was sl ete 512 
RL GENS GLU IME WA RELOUPEDOT ILLES coc iaiec sieges aie! sig! vile ehaiei's a's'ie aire 512 
Permits shall not be issued for unless certificate furnished 

EVCLYVRUW- CLV. CmIMOM tliGing gatwelerstaeeebeste dad ty oie e a cend cir he gbelalin eit at nent 512 
WOMENS e OLACCHELMCA DCS hmayettter. sctie eet to porte nea bina, Woke fos eink en sales (Gi) 
Examination and inspection of cattle of by veterinarian 

EM Via Come OC ULE COM tied cans sd eiuod gan inee x raaae src lon sia ol she nda! o cet eVuilajrenh's 512 (b) 
Certificate of health of cattle by veterinarian may be re- 

CUICUs UNG Cine Oa Liliemaye. cee ceudietctaty ARs. shotee leet huis iend-told a ands 512 (b) 
Permit for may be refused or cancelled if secret injection 

of tuberculin, etc., in cattle to conceal diSease.......... ay 4 ley) 
Diseased cattle of may be tagged and isolated......... Oe: 512 (b) 
What shall be regarded as a tested herd..............0... Hil. 22) 
Milk Inspector to have notice of test of animals........... 512 (ce) 
Records of tests and results to be filed with Milk Inspector 512 €e) 
IPerimMitscshallenOtspenIssiLeds aw [be Waris: ciy cig smc oo ketenes aict lodes 512 (d-e) 
Permits shall be revoked, when..... ie DERE Sh a ne Biches as 512 (d-e) 
Cleanliness of milkers, receptacles, etc., required.......... 52 22¢£,) 
COW SELOMDERTED ECLea Te trrecur tach ae aias tenants oe. sual eas T Shed mache aeers 512 (g) 
Meatsw eles tO) Deeléeaned*beLoresm tl Kine sates -raiecvece. elace cease ters 512 (g) 
Receptacles, ete., for reception, storing, ete., of milk...... ays Gay) 
Notice of contagious diseases, etc., among COWS............ SoG) 
Isolation of cows infected with contagious diseases....... 5 [Pa C119) 
Penalty for having in possession for sale, etc., milk, etc., 

AUC Ra Ce OBOE S DLATIG CC eatactetemets Pi ecake: oderaners. esha eoe gore ene sue ole 506 
Condition of buildings, ete., occupied or used as.......... 542 
Shall deliver samples for examination, when............. 565 
Shall not deliver sample treated or tampered with......... 565 


DANGER SIGNALS— 
See Safeguards. 
DANGEROUS STRUCTURES— 
Refusing, etc., to move, etc., an offense, when.............. 934 


DAY LABORERS— 
See Labor. 


DEAD ANIMALS— 
See Animals. 
Shall not be deposited in garbage yeseele. CUGCE Fs a) Ralacaeagerers 439 


DEAD BODIES— 
See Contagious Diseases; Burials; Undertakers; Vital Sta- 
tistics. 


DEAD FOWLS— 
See Fowls. 


DEALERS— : 

See Milk and Milk Products; Milk and Food Products; Food 
Products; Pure Food and Drugs; Inspection; Cold Stor- 
age; Garbage; Weights and Measures. 

DEATHS— 

See Vital Statistics; Physicians; Certificates; Burials; Hos- 

pitals; Undertakers; Policemen. 


XVlil Index. 


DECAYED FRUIT— 
See Fruits. 


DEFACINIG— 
Injuring, sec. -bulldines Velce’ anuotenSen7:: tcp eee ie 


DEFINITIONS— 

Certain words used generally in the Ordinances........... 
MVOL Gye IAT ORLY is ce eae oils ae ea re a cee eee eae 
Words “City Ellectrician,”’ “Master Electrician,’ ‘“Contract- 

ing Electrician’ and “Journeyman Hlectrician’’.......... 
Terms “Sanitary Inspector,’ “Health Inspector” and ‘‘Sani- 

tary ~PONCeMAan is rene ses balece Diseee cams Sete naete RRL ee eee ee enue ; 
Generals of 5 nuiSamce spc ceases tee Sareea cb saa te ie ae eee ee 2 
Terms “A dulterated? Vand? = UinwNOlesonxeis eam at cena ae 
Merny Or Gane % ok Gis arctan cates tL dec oie Conn eeee ea tie aaa eke Pith Saar de 
FRET IN HERO Ce acre erk ele HT Ee os Pees eT oe ae fc eee ee 
(eri shri Srp hee Cia cee ica MA aw ISS PAIN Sd heen SL aA NAN eh RNS 
Articlerdeemeds=“Adulterated.] sylhens). cce- teins stots sano 
Term ““Misbramnd Ga: oe ete een ta ss Rate ame oo lav otame nearer canes seat 
Article - deemed: iMisbrandeéd;” -when in vis. ey else aneles ols coeeers 
Toerrnit MOOG hits.) as seca tee Laetere ae RO ATR EPEIM Ip dio Sea 
Word: 4Person,72 how COnStEGWed pectante enon eee ois ee eee eae 
When article, etc., deemed offered, etc., for sale........... 
WOK: AS UTR Pye a OST a Te ice oD Mpa a TICS. IRR ree 
“Public @Placee ne er walee etore Oa AR See eR Sone ane cle acetic ee brat aire Br 
ial ots ROD op gene Pichon Rane Drab, AAP pore se A ee bid See A yw oth se 
Ternys*tomrun ati lars ero sya 2) aarp aes sere eet eee ae ae ree 
Term iS POOLE ROOM Tae Pele eis tehe cooks eae ae eae aoe ae Et a 
Term INnGigent,, POTS ON heise wterene cea een tek eae nea on eran eee 
Tenn “TCU CUS?) ont eoseomatehe canmen Ste eee, SPORTS cee: Yai oa a eRe eh Ai eae etiam 
“TP AMPS. = kes ACNR UA eS ee ole ee Cheon RET RETENS PRolaet gia ean, Oi eae 
Term, “Withine thier radius.0f sei euGas. Ss yj le lina shee en eneeereanes 
Term ‘‘Within the radius of the Electric Light and Power 

SVS COT. rE TS) ara ie a tend ar neo oh oe a aoa s PE atin srt Stade RM Ream 
Term ‘Within the radius of a Telephone System”.......... 
Term 7 Residence: SCCtLOM iasisal acecupiie ot cheer alete neds eeraeeee 
Term “At any time. on) SUN da yistoer oasis tekenthaeecaieds| sein ene ho weaee 
Term: SPersony’vasiapplied jf0:; L6ESso rm aac ae cee ie tie ee 
Term )|“Laieensed tsa lGons etc wie wees erie eat ora cece ee seal axes 
Térms. Plumbing 2] Drainases sand. OTA ini leana 25 ee eee 
Tern ANGELO? 7 Psa Meds bee eek aa no nue EESS one ieee aie tene Chane Rese ce aaa ae 
Term <Guttin & | Belta ities <a sie teckene hes ee aR etene coe eke ee tee eee 
“Bile Rosters ey anenceire ve cet tae oe ate tee ee ier at cure ne erattey eee See Cate TOG ile * |: 
Terms, “Drivers, > “Street,4. Curbs “4 Person...) or ersonss 

and MViehiCleS”? sh awh ey Sel eaters eae eee ool eC RE ae eae eee 


DELINQUENT TAX ATTORNEY— 
See Taxes and Taxation. 
DEPOSITS OF MONEY— 
Contractors=doinay clectricals-wOr knew mire 6 cus eee eee re 
Deposits for application to make openings in streets....... 
Telegraph Companies, etc., shall:-make.:............+. Meet 
DEPOSITS— 
See Sewers, Plumbing, etc.; Buffalo Bayou; White Oak 
Bayou; Streets, Sidewalks, etc.; Garbage. 


DEPOT MASTER— 
See Railways. 
invested: swithtApolece s author eye. use nee eee ees tennant 
Mayrasslenxstations: to, sveliGles enue cokes autre ese 
Must take-oath, pive DONG) Ste. ten wimsetbi tise Ran ieee aods anv 
DEPOTS— 
See Railways; Depot Master; Carriers. 
DEPUTIES— 
See various offices. 
DEPUTY ASSESSORS AND COLLECTORS— 
See Taxes and Taxation. 
DEPUTY SEALERS— 
See Weights and Measures. 
DEPUTY CHIEE OF POLICE (DHPUTY SUPERINTENDENT 
OF POLICH)— - . 
‘Member of Police Department............ Set cvs Petree le 
DAUITT OS AOL re Pais ce wees Wilh o haet Bitaicas Lea rRT nae eee on ce ae aE eee eee a 
Mayitake cash" pails os vis ale See ee bee pera ae eg Se a 
Where cash bail taken, complaint to be filed.............. 


Section 


381 (e) 
410 . 


839 
974 (3) 


983 (3) 
989 (3) 
1056 
1060 
1066 
1070 
1076 
LCE 
1179 
1286 


1298 
1100 


206 
1195 
1236 


707 
714 
740 - 
744: 


Index. 


X1x 


DILAPIDATED BUILDINGS— 


QEdiBpanCes sOMICTEd els catea or evek cee Se hae 


DIPHTHERIA— 


SiG: 1a) (¢) @) 18, 1@:Fe! 18) 8) 16 


See City Chemist and Bacteriologist; Contagious Diseases; 
Placards; Communicable Diseases; Dairies and Dairymen; 


Food Products; Physicians. 


Disinfection of premises after...............2.. 


DISEASED ANIMALS— 
See Animals; Food Products. 
DISINFECTION— 


Biuitdines1 EtG. LOs Dee wWAEN. teenies lati ste ce sks ai abeile 


DISORDERLY CONDUCT— 
inepubliesparks "prohibited veces ome. ciolsc ne 
Using squawkers, ete., unlawful.............. 
Making “Goo-goo Eyes.” ete., unlawful....... 


PirblicewOLrsh i pws etCenperws ace let siee lb eis. cates ae 
DISORDERLY HOUSES— 


Kieepites ale Olt CMS Ctra weno aeons el cit set aLine ete cae ons 
POMSrIN ey ine rola OP CCC ane ia carck ore Gr eee recone cae 


DISPENSARY— 


City Druggist shall have charge of City....... 


DISTRICTS— 
See Stock Limits. 
Unlawful for prostitute to occupy, ete, any 


WV tris Gem alia, ert) seek te coca ace oS eceta atc le orbs are 


DISTURBING FEMALES— 

See Disorderly Conduct. 
DISTURBING PUBLIC WORSH]JP— 

See Disorderly Conduct. ; 
DISTURBING PUBLIC SCHOOLS— 

See Public Schools; Disorderly Conduct. 
DISTURBANCE OF THE PEACK— 

See Market House, etc.; Disorderly Conduct. 

Disorderly conduct in public place, ete........ 
DITCHES— 

See Obstructions; Streets, Sidewalks, ete. 
DOGS— 


See Animals; Chief of Police: Public Pound: 


Public Parks; Public Safety. 

DRAIN LAYERS— 

See Plumbing; Sewers, Plumbing, etc 
DRAIN LAYING— 

See Plumbing; Sewers, Plumbing, etc. 
DRAINS— 

See Railways. 
DRAM SHOPS— 

See Saloons. 
DRAYS— 

See Carriers; Vehicles; Public Safety. 
DRAY STANDS— 

See Carriers. 
DRINK— 

See Saloons. 
DRINK AND FOOD— 


ev eecee reves « 


or alia)! wT a! 9} 6; fe eas 


Seve eee we eFene alle 


ine pubiie places, ete; an Offense se. s.0 06. le ne ss 
Throwing water, confetti, etc., unlawful....... 


2), 2) (6) eels veils seles-@ 


yee ee eee oes 


st 66a 6 pie) * 0) «a: 


Disturbing females in public assembly, etc.... 


ee © we ep we te oe 


LIE DUDLIC- ASSOMDLEStaassperstete were, nates Pie, wok ee 


af ip 6) OF: ¢. efigy ¥) ©) exe 8 


ai sy eile! of 0) 0) ee, te 


er 


aia 9/6 soley 6 2 04's 


able 46 wes eo sa 


eee ee ee ee aee 


Policemen; 


See Food Products; Pure Food and Drugs; Milk and Milk 


Products; Milk and Food Products. 
DRIVERS— 


See Carriers; Fire Department; Collisions; Public Safety; 
Vehicles; Traffic, Street; Streets, Sidewalks, etc. 


To see that vehicle has*licenSe..0. 1. os) .36.0%. 26... 
HEM Sterespomdr to, Call wwii ens G cys cis. lees: emote tins oromele 
Charges allowed to be made by drays, etc...... 
PETIPS OL LO CATV OL Ga ictaccre han ledeaaye tet aie ceredohe “abere cher 
PIR VOTELO MCUs 1 IY ata hele Ne conale ny aiois! aceore eC one neale: sie 
Entitled) tovlesal -ecnarees iin. ws pe sve e eh eee ae 
Charges) 6tc4, Tor Carriages, EUG. 5. aoe. wee dein 


44 


Osh 6186, 10) Seen oe 


stietow (6) le) wien ©) ote. 6 


@) olin) 8.9418) 6) Bee 


Section 
1521 


Index. 


DRIVERS—Continued— 


Passenger must pay legal fare 
MuSt Carin Dassen? er Swillen. fee sects muaeetetehcen mer ieive ei ame tener eens 
May accept less than legal fare 
InvalidsSaueytOscarry,. Wien Sako. eke eee eee eae eee ete nea seer 
Unilawfulsto-solicit custom in .frontrot depot weuce wae satus 
Unlawful to call out hack, etc., when 
Unlawful to leave vehicle, etc., when 
Shalkhiremain -onuvehicle. when... on. fon eee er ee 
To drive as near curb as possible, when 
Duty of incase of colliston etCin + esis G Rls tees Med eaec eee: 
Unlawful for intoxicated to drive through streets, etc 
Must: keep ito right. 2a. i ee cto ies AGH eee enhance 
Wantonly causing collision, an offense 
Definition of word ‘Driver” 


4,6 Te -94-@ lene te: Je ye, oe wi et le, (elie: je) ele! pie 16 as im 


© <@ lefier(@ wie) oa) (ee) eme-eue. ce tel} 6) ee ue! 6 lel ee 


Selo (elie je 6 uaa) ee ee 1b id (6.086 ie ie 6 Te 
opier © te. 0) ‘6: 16, wee o) eo 6: 9° 2 a lene s 
eee ee 


©.c0) 0) ,0,\el gh, ee tap le lees oe 60 uw. ce. et 
Si ie ee (0 18) a la iat Sal ye; BP pi geile) 6. Me «0 5re his), Ol pe re) Ss cel",6 76 Ne 


Want of- familiarity, prima-facie neslizencens..uheee wane 
Failure to observe Traffic Ordinances, negligence per se.. 

Rules and regulations governing (Rules of the Road)...... 
Shall not refuse, etc., to stop, etc., as directed by police.... 


DRIVING ON STREETS, ETC.— 

See Streets, Sidewalks, etc.; Traffic, Street; Drivers. 
DRUGGIST 

See City Druggist. 
DRUGS— 

See Pure Food and Drugs. 
DRUNKEN PERSONS— 

See Public Parks. 
DRY MEASURE— 

See Weights and Measures. 
DUCKS— 


Nottoiruncatolateer cass dbin ecco heen eae ene ee eee 


DWELLINGS— 


See Health; Sewers, Plumbing, etc. 

Uniawtul to storeseun pow d eriita, awhiGn cae casey pie eel nme aracee 

Buildings not to be occupied as, when certain articles stored 

Taking possession of, without permission of owner, an 
offense 


a le 5k 1) 08 bby So we 6) s 6 le fe) 8h) o 6) 0 0,0) Sr evelts sen » el beens fe eels) ew) e) ©) ome Komen’ a! 


Cbs: Lelie pets 


‘Shall be connected with sanitary sewer, when............. 
Persons from shall not take book, etc., to, etc., libraries... 


DWELLINGS, LODGING HOUSES AND OTHER BUILDINGS— 


See Dwellings; Health. 


DYNAMITE— 


See Explosives, Inflammables, etc. 
Unlawful to knowingly bring, etc., within City 


Cr 


DYSENTERY— 


See Physicians; Food Products. 


EGGS— 


See Cold Storage. 


ELECTIONS, GENERAL— 


Qualifications of welectorsre nie tae cee els Raed ete nare nea aan nee 
Precincts laid out, etc., by Commissioners Court, adopted... 
Duties of Mayor, etc., concerning; judges; polls; notice.... 
Returns of; examination of; certificates of 
Who: Shall “voted sou rick Sai cere teaace reacts ec oiotemnbewer teak ae tatty 
Polls opened and closed, when 
Ballots furnished sbyoCity. oe bce ree ee ene ees acme ake 
Candidates to be placed on official ballot 
Date of holding regular 


oe © ee ome wm wee we ew ee 


ah Spe) @ 0) 0. en9)/e) ollie), 0), Sue (Oe 10 TO, eine! eye 61S © ie BS: 


9, Sich) Sie 8) 8.04) (ee) Be ene wae aw 


ee ete, ‘eter eo Te) ee 6, <b 2) 0 e sal a 8) oF ele 5008. 5006: Si let ese Sele leew ie 


ELECTIONS, PRIMARY— 


Date Lor WOR ee Seotecote Ae ates OT cal eee Be cee ee eee 
Written application to be placed on ballot, necessary 
Requisites§ Oe apPlCAaclomiir. cas ara ade tereuets theca alee ee cael eee ae 
Shall-bexwoted fora telar se chan We eadeteneie cee chee eenue cae eee mene 
Name of candidate shall not be accompanied by territorial 

desis nation, wets ss eae aes eee psec ede toue el ne tamete eee ielemen: a ae eee tee 
Precincts laid out, etc., by Commissioners Court, adopted.. 
Nomination of candidates at, how determined 
Qualifications of voters at 


0, vires) 0% 2 ay. he, 61.050, 


| 


Section 
79 
80 
81 


795 


293 
305 


835 
416 
461 
489 


297 


Index. Xxi 
HLECTIONS, PRIMARY—Continued— Section 
MEVOGUWE SVG: NOUCE. ORSNOLIME atts oc ckil ee Okc. ot chile ae oe 175 
TUG ore Tem OE LOO! fatete et ech Wak, EM ty ek Ge! ol) na Si A tras: 
Executive Committee to furnish names of judges, etc...... ED 
POuUSsOpernen wad Closed, swiene ss. tee ea eek hale CH 
Executive Committee to furnish Mayor, etc., names of can- 
Gilat Soe yarn ier ercre he Poe a hte a) parted Ce RMR Y SO ett 178 (a) 
GUPALOM CU EMISLY COL LOLS a. eccloto dada © niet Be Sey aed Sal de 178 (a) 
EO eT ee Oitam eULLOEeete eee, coor Meu ak Aa eet tac a ine web eu tie cae) ey hs te tas 178 (c) ete. 
NE CUTTUG Tag Oly OULU Irae sae Lf 4 Seat cate eitehsw ee ntes. oa see ER Ne ees 178 (e) ete. 
LOSE Ou veo tiem VOL CT Sry ince ctete a oi ark te ad ae A ee oe ee eee 178 (e) etc. 
DEHN MONE 6S 2 Bis casi Ulnle tic tir en RE Hw Fs a Pa ee Mpa, Te Og Te 178 (i) 
Names On candidates arraneed by lot. Gt@s...224.0e6. se. .8 178 (i) 
Ci Gye Ome ES Oa ttO tS: wtssettse diene ee ihetsactee toa ak ho ae Oe es 178 (j) 
COMIN EO De OALLO LS ee ser, ces Paar a ht he ea) Sie ene 178 (k) ete. 
informalities: shall noteimvalidatese o. «oc. . Pipe met iat Pret 178 (m) 
Hlection of Executive Committee and Chairman........... 1) 
Returns, canvass and certification of candidates nominated 180 
IUidses ete aIMUSt Haver paAlday Olle taAxeSaetG aavenrcee wae) so 181 
Candidates may select supervisors; duties of; appointment 182 
ELECTRICAL DEPARTMENT— ; 
See City Electrician; Board of Examiners for Electricians. 
G'S CIOL Ola ees test hene re renee wea me gh al ane ery: etd eh ek i eT el 183 
COM POSTMOMM O teen -sse hue ede lS aE Doll 1G cab OBES Bie ele AD oe) Bean Ee eparca ane 184 
City . Electrician, etc....: AE elit Odi Cotas RG A PRG hi co REE PR Ore 185-187 
Construction— 
Definition of words ‘‘City Electrician,” “Master Electrician,”’ 
“Contracting Electrician’ and “Journeyman Electrician’’ 188 
Nationa le Nectrice Codex etGn AG OMLEC ai. sess clesehs spe reuse & « 189 
MetaAlnsCOnguitis,. Cites BWilelerequined . 5%) 45s Juceseiclem ice aes 190 
Fuse blocks, etc., additional requirements. ..............6.. 191 
Permits necessatys tonodonelectrical swoOrk sos o.4. obuie Gees 192 
Restrictions upon City Electrician as to issSuance......... 192 
EEC TAT) CO THSE tate MEE eerie eeu eet AWD Pearciay ALL. Ver cies) eitciawerloiehicaeds cine cee 92; 
City pe lectricianslOsiss Mea pe rindis sew lel... wa ora ot ue dieu. Je he shales AUS) 3 
ADOLMCATION SHOR Ss PCRMUCS ese tah oe atte hee ete seo one ita 193 
Wiorkenot) LOLbe- done wibhOw esp emma .un veo a pele cm see e-0 2 LoS 
Wirine. ett. not to. be.cencealed until ia. > ..0dt.. does. Subs 193 
EPeriMiteMeece Scolar COME Lim © lie CUI Ci trenetsinc sue cues) eat de cl stele erel « 193 
City Electrician, etc., authorized to inspect apparatus, etc.. 194 
Authority of City Electrician, etc., in making inspections. . 194 
MECSIEO TS SIN SDECCLOMS .c.20 ater ens hs, coshanels see eT Ala: a AD 195 
CGrossewikes to pe tive Leetna Da Mim. saeitielekehd ick earn mrstdess as 207 
Wires placed under sheds, etc., only by consent........... 208 
Milectuc Might Company tolhave tapperse: . 5-2) ae ac oss es 209 
Persons, etc., placing wires, etc., shall file written consent 
THOUS ab yO LALO DET SONS tC UG mista resect aren et ban ehete a eta allehtene aac 210 
Mode of conducting wires may be changed................- 211 
Application and consent necessary to placing wires, etc., 
TION eS CECCUS MC UG eet Sere rieeeat reds ap tite eM ake ce Paral een sthetest ee aleartas tes 22 
Duty oOf.owners inyGase Or bLroken swiles ClCH seid ecto i «ich ser» 213 
Poorky,-etcs, constructed trolley, wires, €tC. 6 cise. cone ca, 07> ore 214 
Certain companies to maintain one lineman.............. 215 
Apimem Crim LOW ea lala Cappel wie susrsueten ais eke? Shes bed ne Biro Ee 216 
Insulation resistance to be standard approved by City 
UGC RUGKAM ure sek cesta pan oto ee snateiea male aes aay! sce Healer Mastecelige ee Sula pee 217 
Unlawful for Master Electrician to engage in business, when 198 
iniavetiblentOe thames tery 1LIGENS Ey wee os. o.cherayst el] steals sdelotstaner seayereelens 199 
Must-havel one “)ourneyman On job, unless... 2.s4a6cc.e. 200 
License necessary to do electrical work, except............ 201 
BPLECTRICAL CONSTRUCTION, ETC.— 
See City Electrician; Electrical Department. 
ELECTRICAL WIRING— 
See City Electrician; Electrical Department. 
ELECTRICIANS— 
See City Electrician; Electrical Department; Board of Ex- 
aminers for Electricians. 
ELECTRIC LIGHTS— 
See Lights; Electric Light and Power. : 
BLECTRIC LIGHT AND POWEHR— 
Regulations for government and operation..........-...-. 983 
PLACES LOL ei MOR eee rare SeEtg woe, erty Sosew elt ails! Ue Seeuele clessval sp vasiay se o0 984 
ELECTRIC LIGHT COMPANIES— : 
See Electrical Department; City Electrician; Deposits of 
Money; Poles; Streets, Sidewalks, etc. 
OCCUPAULO Tha See OL eed eee tiaiene: clic BAL srtela) Sqens! © eu siauete, Shsks ae. 0) wisi 0. 1341 (z) 


XXll Index. 


EMPLOYEES— Section 


See various Departments; Labor. 
ELEVATORS— 

See Steam Boilers and Elevators. 
END SEATS— 

See Street Railways. 


ENGINEERING DEPARTMENT— 
See City Engineer. 


CREA MOR LOT Hie aie nike d Sees ah eh Aee pee gee ce cree ere Ae SOO Pale DAE Se ae 219-224 

Piwties! Ctr OTFOMTCOr SLT ee re esta Te ace kr cen eu nets ea ces te 225-233 

Surveys; SUDCAIVISIONS, 2CUCs fa asc hee eae ee See nares 234-250 
ENGINEERS— 


See Fire Department. 

Unlawful to block street crossing exceeding five minutes... 1013 
EN TICING— 

See Public Policy; Gaming: 
BHPIDEMICS— 

See Communicable Diseases; Contagious Diseases; Infec- 

tious Diseases. 

ERYSIPELAS— 

See Milk and Milk Products. 


ESTABLISHMENTS, RENDERING AND BOILING— 


Board of Health has power to make orders affecting...... 389 
EVIDENCE— 
Sufficient to'show ptomaine poisoning? 420%. sels. cee eee cere 526 
Failure by carriers, etc., to make proper, etc., inquiry be- 
fore transporting indigent person, prima facie.......... 893 
Payment United: States, ete.t tax primastaciect. ... 11. sne. eee ae 1356 
Tax SOLS prima. LAGCLCs oo 2 Werk isle as oteired Manet ets ie et aie ae eee meee 1410 
Want of familiarity with “Rules of the Road,’’ prima facie 
GEIENESL]VSEN CE] ora ioransee caalarsre ee te eh see or ace eh seer a een nner eae a te cae 1299 


Failure to observe Traffic Ordinances, negligence per se.... 1300 
EXAMINATIONS— 

See City Chemist and Bacteriologist; Dairies and Dairymen; 

’ Inspections. 
EXCAVATIONS— 

See Openings in Streets; Streets, Sidewalks, etc. 

Leavinie- Vince VereanOneDremises...cmatcisis svete aie ois teee ene eueteters 935 
EXECUTIVE COMMITTEE— 

See Elections. 


EXEMPTIONS FROM TAXATION— 
See Taxes and Taxation. 


Property .ex emp tiene ss sie aot ls bose a sh la bier kt ee 1412 
Houston lichtsGuarcdsArmorye partlallyn aps a ce center 1413 
EX PECTORATION— 


See Spitting; Natatoriums and Swimming Pools; Food 
Products; Nuisances. 
EXPLOSIVES, INFLAMMABLES, HTC.— 


See Fire Marshal; Chief of Fire Department; Chief of Police. 
Nitro Cellulose Films— 


Exchanges must comply with Ordinanceés................. 251 
SCOLALE a: a STG ace eee a uae hohe to aoe ne eae eee rate Pare Ue tee em eee 252 
Vaultsin-binildine snot! mreproot sass iene ee eee een 253 
ValltSiin? reprooLiDullaines Pras csie terete ae eee erates see ee eae eee 253 
SALES Se Tsao Mae le cota the tet ee Nope net ar or burs tees Rie Meech c ane adi vam cuee th tee 254 
Ventilationvof Vaultsy CtGim vrata cemsee oneal ormaeeiess ere tonin yc ante 255 
Mxamining and repairine cca vedeost clei eietetete Go recekene te eee peMens cate toes ee 256 
Waste CAI Sye, Wediaiigens ce inion toto etary oe bentonctinnte colt srl hede iets re aeeetet eee ne ere aes 257 
Cement aie: syed See ee ert le ate ake le aan Rue eae ee te nS Ok 258 
LSE gee held ener ey lke se as ts Cea as lt KSvhejia Taba esnalees wettest 259 
FRO a tin gee Rl a AL re at ho ne Meelis hel hares ake eee erates 260 
Smokingetunlawful in room CONTAIN IME hese .- ee uentie eee eais aan 261 
FUre; PFOLCECEION Re. Sie s cet ee eek Le iC RES ee ey soe Lee netomeeeLeeee et cone 262 
Failure to comply with Ordinances a nuisance............. 264 
Gasoline, etc.— 
Unilawé£ul tosstore, et GC mexGep turictsc cnet cree Pee Retin care Soaitae 265 
Tanks: ah OW) CONSTLU CTE Gin: un c chetere cusueistetenos hve tokene ts poke tierce earch 266 
How \drawi from tanks. Soko ce ncetete stveciens «isc duane eetameam cs! ee 267 
How. pumped “nsid es bulla Nei seenedes sie aletey te een eee crane St 268 
ELOWe StOPE Gs DUI DSi iivrewesrmst cise owe unsts ist ale ued Wan see So renee cere raats 269 
Sand ‘shall bevkept, setcr nase sence penctens eiederauaiee ene ta sae Cuneo ee 270 


Uniawtul to; smokean room, C£6.ver eats ee ote eat tote 271 


(a) 
(b) 


XXlli 


Index. 
EXPLOSIVES, INFLAMMABLES, ETC.—Continued— Section 
Calcium Carbide— 
Unlawiul-to store calcium carbide, etc, 1.0% oe oss ceeclen ce De 
Method, manner and -place of storage. 5 “..-.. 2. bios. cy, 274 
Pee aI mehr ODT OOL MELO SF lite oie a eae rE ee en’ PAT ss 
Bulldinessror storage to be.marked. 052... oo oe weet. 276 
QOil=— 
einer eOneeLoreatornge tanks. eof, 2) on ee ere ee ie 278 
Biuaee MMoMitenanee, eles (OfAtaNKS\.s schoo honet en ek ee. 280 
(Lanne enal Wave.indicators, 6ten...) hs ele ole. oe ek. 281 
ETE tem ey DILOths SIND! .6. so ahs wc Sow eats pe Pe et oes 282 
Ate MUer re round, «HOW LOCALE wv waasds ae caer ee eek Den Mle 283 
A TOR AG Daa Gaol > ec se a PRR Aa Pe RNA Ee eRe ea ies eo ke Ca 284 
Sep L Oe mio WEL CHO AC)..4/c0s.5.9 4 os oa foe lee fl hoe eee 285 
Oil may be fed to burners from iron accumulator.......... 286 
Regulations: governing. the storage, ete... 0s een ee 287 
PeEMMiLSElOmOVeErsround tan kccwivenl, = aes. ei eet eee 288 
PenmmMitenecessaryto.installe plants for use) Of. i.e eee, 289 
Wagons selling must have buckets to catch drippings...... 291 
Miscellaneous— 
Gunpowder, not exceeding twenty-five pounds............. 293 
Gunpewider howekept by retailers, ete. 2. Vo s.00. 8 294 
Gunpowder shall not be stored in City, unless. .+.......... 295 
CUADOW Cem AlOWECOMVEV EU lta ac wea soe tite ee oe ee 296 
Nitro-glycerine, shall not be conveyed, etc., through City... 296 
Unlawful to bring into City concealed explosives........... 297 
Cottonssiallenowiberstoredsiny Cit yacexceptwcnt ance w, eae 299 
Warehouses storing cotton, etc., to be guarded............. 300 
PiregavoeSmokineiiine prohibited aie. sha ete. ee eo Le 300 
Unlawful to erect, etc., buildings, etc., for storage of cotton, 
Milt hOUTCOnSeMtnotl Clty "COUNCIIa da. tae shales ee aitancn ecceee 301 
Chief of Police to remove cotton unlawfully stored........ 303 
Unlawful to store boxes, etc., in certain places, etc........ 304 
Buildings used for storage of certain articles, not to be 
PECUPICU MASE CLYVCLETIIE Ses ae wee eetals ai Sheds wa cae Sep Meramec 305 
Receptacles for ashes, how constructed.................. 306 
Chief of Fire Department, etc., to inspect premises, etc.... 307 
Failure to abate nuisances found by Chief, an offense..... 307 
CaAnelessive Storie, May, GtGr. ane OFFENSE e soi cise acs elneeca ewe 308 
RMN oa dt Sees Mea VAllie Sere LChscikle OTL CMSE cin 5.005 capil anete «vere 309 
Hndanserinegeinhanimaple materials. (a... see 6c a6 aareee : 933 
EXPOSITION COMMISSION— i 
See South Texas Fair and Exposition Commission. 
F 
FACTORIES— 
See Buffalo Bayou; Board of Health; Ice Cream; Food 
Products; Health. 
FALSE RESIDENCE— 
Unlawful for arrested persons, etc., to give false, etc., resi- 
(GWEN CES «25 eae A keer ee yids Buren nosh atee Pat ae es PERS mY BALLETS Te We reeeiou tin aon 805 
FARES— 
See Carriers; Street Railways; Charges; Rates. 
FAST DRIVING— 
See Public Safety; Traffic, Street. 
FREDERAL SQUARE— 
Certain provisions with reference to Public Parks, applic- 
ULSI On eat taps Nes PO oo dare pelaaris: Ges ashen cy teat eA ne Ra Sten en AME Sen eueAAT SR 664 
FRED STUFFS— 
See Weights and Measures. 
FEHS— 
See City Electrician; City Engineer; Corporation Court; 
Chief of Police; Policemen; Scavenger; Garbage; Delin- 
quent Tax Attorney; Assessor and Collector; Weights and 
Measures. 
FRHNCES— 
Bar pede wile a DLONLDTCCC cher, 5 arate + Mats aaiewetan mien ower edsiemeen aspen 936 
FICTITIOUS NAMES 
See Assumed, Names. 
FICTITIOUS RESIDENCE— 
See False Residence. 
FIGHTING— 
Ingaapubiie: lace CarieOTense sin. cae se dey eae pe als cisle oss 811 


XX1V Index. 


FINAL CHAPTER— 


Section 
General Ordinances affecting Revised Code, etc......... 1520-1530 
Ordinancestomitteds ete. t..ch Gh oe ee ee Re ee eae ee 1521 
FINES— 
See Corporation Court; Chief of Police. 
FIRE ALARMS— 
See Fire Department. 
FIRHEARMS— 
Unlawtultto shoots fete, .insPublic. Parks sun eet tate ee 671 
Luscharsinis Hin -Cityy an VOrenisen. stark ot Gide ee terre tote 814 
FIRE CRACKERS— 
See Public Parks; Firearms; Cannon Crackers. 
FIRE DEPARTMENT— 
See Chief of Fire Department. 
Creation Of. Cuties Of ,OTICers Mer CE, wii-Pket ic astentiens eae erie 310 
Mom OSILLONIO baer ne eee aN, as Pk HORM ne ont» Ce ae Sag), 
Direction and .control™or executive qie2Gi5 noite eee 312 
Creation of offices; appointment and qualifications......., 313 
Chiefs etce .attendancervatenress nimi cutlass wi ere were een 314 
Ghiehresponsiblestor CONGIMUET soils veo. ecke ee oes nee neas ae ae 815 
Chiel, Dis (pOwersauthoriiseanOs ChUblesr aes sie ie eee ee mete 316 
ASSistant “Chicks, salvehO Vat yopenienconte ottivelsy ca ok ete ave aes cheno ee tale 316 
Officers in control, etc., at fires, when Chief absent......... aul 
Rulessand, reculations sof. City tCouncils eters sme ee ent 318 
Subordinate officers; Gt: GUWELES JOmGe i ceeds senaet a en ae eee 318 
First Assistant Chief, performs duties of Chief, when.... Bes 
Copyvoft Rules: to wpe: curnishedsmembersin-e seuss noe eee 320 
Members 2tOwstu dae Riles aa rea aac, cc ie ned ase ea ac eee 320 
Secretary<G£3 }QuUtrespetees ase eee ast eel acen hy Mice aece eae eae 821 
Salaries of new appointees, ete., graduated... ...2.. 07. Ree 322 
Appointees: at. Central Station; salaries, etc. .-s0. .<.es Sa 
Himployecs: Cold) stull-fledsedsercy cu cares ste et aac eeena ae ees 324 
SalariessOlclOfrriGerss, GUC acces te Cas eee Cee Ce a eee ee 32) 
Salary of firemen assigned to duty as watchmen.......... 326 
Firemen, automatic candidates for promotion.............. 327 
Miremen*ftailine, Of. promoviom second. trialap iiss eae hee 328 
Members of, “police spOw Cia ain inte ote vont een eta s y eee ee 329 
Failure to comply with orders of members of, an offense.. 329 
Injuring fire alarm appurtenances, etc., an offense......... 330 
Driving Over fire HOSE anvOtlenSetinie. tate chert. eucssiens seeeete gener ike Bosal 
Malsely givin eralarm Of tire, sa nvOlenS Cae. -amenertei aera tices 332 
Vehielesiof haverwsiren taon swasyian cree os eaebeleie caters: icra capes tata 333 
Street cars to stop, where, when alarm of fire..../.:....... 334 
Drivers of carriages, etc., to stop, where, when alarm of fire 335 
Pedestrians, to get on sidewalk when alarm of fire........ 336 
Interference with etes pula w LU raeeae sites selene Rts enere eee ete 338 
~Pelephone ratesstornre Stations. ca. eneiei © ieee rei pate aie 992 
Railroads to vplace ireralarniei ne 1CatOrcemwier meaeraemerte irene 1042 
Railroadssto op en eCrossine se Witeierieaccieeethenranen. ners reeeteear eee 1043 
Railroads to open crossings, when blocked, etc............ 1044 
Street railways to issue transportation to members of.... 1188 
Vehicles shall not stop within ten feet of fire hydrant...... 1302 (10) 
Members, havierrighitcot (wave) swileniy nu, bcc cleus & reesei eaten acne tame 13.02 sla) 
EXxcepted from prohibition against use, etc., of certain 
WHISTLES <ETG. ai SAL, cuebates ates pees Meee Ree neue at gh Aiea Nea eee De 1302 (24) 
Vehicles: of) havweenisiit (Of Waye ies cadakee Rules susie eee Bus ait stn aed eae 
Duty lotr other vehicles he wae ot ype eters sie ie aieeeen eaters aera 1302 (30) 
Drivers of vehicles, on approach of fire apparatus......... 1302 (31) 
Has right, of way through processions, when.........:..... 1302535) 
Vehicles. shallinot drive on; ete. fire moses ocr: ii een 1302 (40) 
Street cars shall stop, etc., on approach of fire engine, etc.. 1302 (34) 
Street cars shall stop, etce., before passing fire station.... 1302 (34) 
Shallshave Tirht. to use any, hyd ramteeuGe ke maeicncees seer mente 1454 (11) 
FIRE EXTINGUISHERS— 
Theatres, etess tor keeps 6tees ew.ter.cercmeber eterna ies ol Uke am eens heen eee eet 
FIRE HYDRANTS— 
Bree-access to.must. bel provid Cdysevern caceye esrmentente ater es ruetene 1197 
FIRH HOSE— 
See Fire Department. 
FIRE LIMITS— 
See Ordinances, etes> OMG. con. ec tices era een eee cee 1521 
FIRE MARSHAL— 
Creation sor Office, ap DOLMEMeN baLeLCum ciate nen esas east eee eee 840 
DUtieSROL Bese fh BE AL arin cnte eco ans beey a AL Pe nT SI es onic 341 


Index. XXV 


FIRE MARSHAL—Continued— Section 
Maye lake evidence. disposition tUereot swt asthe stk ee ak 342 
Mayasecune notary jsexpense paid, by City.wes seks cee be 343 
Authority to examine buildings where fire, etc............ 344 
RASA OLIN S Peet Om fLesrisksactGs hyde eh Pee ee 3845 
DU yeas srOn Cer rainy DULL Gite Seer a icewttneeae eibacerers eles Ghoul totes 345 
Shall keep assessed valuations of stocks of SOOUS MCLG an.» 346 

FIREPROOF ROOFING— 

DCeCPOLCIMALRCESMNt Gee OTM It COCs bots © repel tcc tichor skies fevered eto & ahs L521 

FIRE PRO'TECTION— 
See Explosives, Inflammables, etc. 

FIRE WOOD— 

See Cord Wood; Weights and Measures. 

FIRES— 

See Fire Department. 

FIRST ASSISTANT CITY ENGINEER— 
Memberehineincerine.Mepartntentiein ctiec cs one oecake ween: 219 
Credo Ne Oy. OvuACOn emer peerar eres ea eescteere os ba Oh ce eal ts 220 
Qu aaiTEs, CLOMS =O ONC een eee tet rcrM emacs crac a oes, ee cue So ee 220 
DULiese OL res trieli Om Seup Ol leva terrisdsls aie @ cote etcnnl Ge dac eden S Zink 

FIRST ASSISTANT CHIFF OF FIRE DEPARTMENT— 

MIEGIMDEIE Otay Da hese aintienitets ra. sie & tice ores gictans. ove, Sisal Mth 311 
ACUCTICAN Cone alien llc CS yesh te vite Fetal clea dirtiest "lc ariel Suareteeera whe gory 314 
PAUP IVNOGNE Vere eRe ene ROT AN ea ren ard hey. Wal as ovatey roles veglvee Fa) bao ae 316 
Control satpeiremwilvenie Chieti aS eMtawencra Parcel cya «ie aioe iela oe eters SLT 
Shale perrOnim: Gu tes sO CbiebewMeDomdisis sf sca saeco ne etecee. 219 
FISH— 
See City Chemist and Bacteriologist; City Market; Pure 
Food and Drugs; Permits, Miscellaneous; Cold Storage; 
Market House. 
Unwholesome shall not be offered for sale in market...... 552 
Cold storage shall be plainly labeled or branded............ 554 
Permits necessary to bring into City for sale or to sell..... 563 
Unlawful to gut, ete., in City Market, during certain hours 607 
Refuse from gutting, etc., in, to be removed, etc..... Rd a che 608 
FITTINGS— ‘ 
See Sewers, Plumbing, etc 
FLAGMEN— 
See Railways. 
FLAT WHEELS— 
See Street Railways. 
FLUSHING ARRANGEMENTS— 
See Sewers, Plumbing, etc. 

FLOORS— 

SuittimcwoOte, OrmCuuUrchwies mele. = DTOLMIOLUCH sr ae. feteeieeece stan 429 

FLUES— 


See Chimneys and Flues. 


FLYING JENNY 
OCCU ALL OMe Ua kee LOT uae tate avo sau se ouea etc Made a as" Lene Aner Oee AGT pL neAT TSG 1341 (j)) 


FOOD PRODUCTS— 

See Milk and Milk Products; Milk and Food Products; Ice 
Cream; Pure Food and Drugs; City Market; Cold Storage; 
Permits; Inspections. 

City Chemist and Bacteriologist to enforce Ordinances con- 


COM TU Cee ey Meas Scat. A rarenan pane ia Ue Tete, anal enol fenepheyisl setae ike Caen oe ke 375 
Board of Health has supervision of food supply of city.... ass 
Health Officer to grant or refuse permits to establish, etc., 

business involving preparation or sale of food.......... 399 
City Chemist and Bacteriologist shall examine foods of 

(Gali: Vamernee ral eee RTS Ue e it ERIS etic e aletane wee cpiar oitih es sey telehten Shere: oneye ge 407 


Buildings, ete., occupied or used for the preparation for 
sale, etc., of any food, shall be lighted, etc., with regard 
to health of operatives, ete., and purity, etc., of food pro- 


PS ME CRPENS HO oR poles CMe ERE EFS CIES ROVERS o CCA a oe BUCO Cicitgh te oeec 542 
INlesew aha yee one akeheinay PARaYO Kew” vaca” pup Broan cuolris OM lc, Deuces © clumeerantanay Ht cet 542 
Floors, etc., of establishments, etc., where food is manufac- 

tured, etc., shall not be kept unclean, etc., condition.... 543 
When unclean, etc., condition shall be deemed to exist..... 543 
Walls, etc., of bakeries, etc., shall be well plastered, etc.... 544 
Buildings, etc., occupied, etc., for the preparation, etc., of 

food, shall have an impermeable floor, etc.........:....+- 544 


Food producing, etc., establishments, during fly season, 
SGPeenedy, LOW tht tice x) OR ya eee wale 0 k's s By ele Bee visas ove eee 545 


XXV1 Index. 


FOOD PRODUCTS—Continued— Section 
Buildings, etc., occupied or used for preparation, etc., of 

toody shall bayettotlets rooms tones ee ee 546 
Construction and furnishings of such toilet rooms........ 546 
Lavatories and wash rooms, how situated and what sup- 

DELS AWTS ed, eran aia Ne ac) See mee erage oO eae em cae ee poe bs 546 
Operatives, etc., shall wash their hands, when and how.... 546 
CUSPldors Oebe SUPPER st. tatoo ea ee eee eee ek b47 
Operatives shall not expectorate on floor, etc., in buildings, 

ele, -WaACre: DrOdUuCctiONtoOr sOOC MeL Crit. eae ne eee ae 547 
Persons shall not be allowed to live or sleep in work room 

of bakery, etc., where food is prepared for sale, etc...... 548 
Persons affected with certain diseases not to work in build- 

ings, etc., occupied, etc., for production, etc., of food...... 549 
Places producing, etc., food for sale shall be open to in- 

SDECCION- Grrr eis he rage acai he ee Sere ame ae ee he ee eons 550 


FOOT CROSSINGS— 5 
See Street Crossings, Railways. 


Sprinkling;*an sO ENS wane ettetea ec ce cena cee ee 846 
FOUNTAINS— 

Discharge of water from on street, etc., an offense........ 1327 

Shall-notsbe: usedalonfversthaniemcise cee tie ene eer 1447 
FOWLS— 

See Animals; Cold Storage; Permits; City Market; Inspec- 

tions. 

Certain pronirbited fromearunning: atelar cee. eee cee aoe 867 
FRANCHISES— 

See Board of Harbor Commissioners; Harbor Department. 

Applications Zeor sLoret erry, Clerk ste sate et ee ee 358 

Proceedings with reference to application, etc............. 358 

Applications tor, tocuse=walenreron te ner. : sie eta rene eee nee 359 

Subsequent sprocedurevthereon. s. e hs else ecules ae SST ge lees R59 


FREE PASSES— 
See Free Transportation. 
FREE TRANSPORTATION— 
See Street Railways. : 
Street Railway-to turnirsh’ firemen, etcejawithen.. 2 cece oe 1188 


FRESH AIR— 
See Sewers, Plumbing, etc. 


FRUITS— 
See City Market; Weights and Measures. 
Brought into City for sale, etc., must be husked, when.... 653 
Unilawiudite peddle without-imspection-.c. 25 aa 647 
Storing,,.etc., on sidewalks, unlawtul, except. sis oe “. 12:39 
Sale or small Veter win= packages Luis mime a elsusin easier Bee oh Ae 1517 
FUEL— 
See Coal; Cord Wood; Weights and Measures. 
FUNERALS— 


See Burials; Contagious Diseases; Vital Statistics. 


FUSH BLOCKS— 
See Electrical Department. 


G 

GAMES— 
See Public Parks, etc. 

GAMING— ‘ 
Unlawful) to® conduct samerof chance im parkwe uw elln s.aatel <i 676 

‘ Unlawful: to-run horse race, 6tcs2on Sundays... wiles aide sists 853 

Hnticin's person tos bet,, ete.. anyofenSe.sa, esr ience « Teo 873 
WATE ACar Sin 4, nck SONS itateneroie te bemaioneiactts ib ciel oes ies Serco eee Sete teeth, 874 
Policy: Camesun law LUI as silts aon ete eats eke te nha ond aap nem ote count 877 
Unlawful to purchase tickets for policy game-® 2.6... «8 879 
Unlawful to rent, etc., building for policy game.......... 880 
Unlawtulsto ckeep;- EtG. POOL LOOMS wm ieiuaecntaay eel ete os 883 
Unlawful to assist in doing things done by pool rooms..... 885 


Unlawful to furnish, etc., to pool rooms, messages, etc... .886, 888 
Unlawful to allow, etc., telegraph instruments, etc., in pool 
VO OTMBN >. ee he cua alee oe eee eee Re Ag At Wie coc ae AHI cr DR eee 887, 889 


GARBAGH, ETC.— 
See Board of Health; Scavenger; Buffalo Bayou. 
Board of Health has supervision of collection and dis- 
POSE. OPM a aretha dit crate ercbaads siuareare ey tane) aieei al celia Teac pele Rats ete ee te 395 


Index. XXVIll 

GARBAGE, ETC.—Continued— Section 
Residents, etc., to provide, etc., and keep, etc., portable 

els NOC CI LOT OIG INR. oka wymc eee nee ry AGE Nn pet ake Ob 438 
Bre Melton Of. VGAaGl A Wy ass we ete Cube ae oN aa 438 
ebalinbespromptly delivered, ;wihren sic: juke oes feo ie. 438 
Persons shall not interfere with vessels, etc.............. 43 
Residents, etc., shall not deposit in vessels, etc., what...... 439 
Collector shail retuse foscollect.-when t=). ..2)02. 0222. 43 
Manure, etc., shall not be allowed to accumulate........... 440 
Rubbish from business premises to be removed, how often. . 441 
Garbage, etc., shall not be thrown, etc., in street, etc...... 442 
Presence of upon street, etc., shall constitute an offense on 
DALte Ole Owners etc t.OL ap LODE Lyaedior sci. Leva 1 bets Gibclae 442 
Receptacles to be placed on sidewalks, when............... 444 
QuUaAMelive lL eniO Med st neerot1GOs lst pee awe Aram ico eae 446 
Hauling slops, etc., between certain hours, prohibited...... 448 
GARBAGE VESSELS— 
See Garbage, etc. 
GARBAGE WAGONS AND CARTS— 
See Scavenger. 

GAS— ; 
Regulations for government, etc., of corporations furnishing 974 
UAC OSE LOL ary acek atc ren o Pat te eMeeae as eee yas) hat Gear Coos Mp hon ee Wir 975 
INOereneralochare Caf Ormsmleters™ tea alc. eden «che eal. 976 
Consent of Company for individuals to put in mains...... 977 
Shall stucnishshrehaeradestlhimineatine: "eter. vias cee. oe 978 
Meddline swith poverty OfeCOMPpANy oui ueneshye orb tes eee 980 
THAIN SS DLoOp eleva Oke COMPA ads aes ai ee LS Sie uae eee 981 
IMVEGL Hern Sauwa Lite Sais Ie LORS UA eats cr vhaievadians ht ete t haa coumavte whee eater 982 
OceupauomataxcetaOr Gas CoOmPpPamleSe.. aac urd eae oer cet wees 1341 (y) 

GAS COMPANIES— 

See Gas. 

GASOLINH— 

See Explosives, Inflammables, etc. 

GEES E— 

NOL SUOMmPiTTin ge MATEO re O.4.1-5 ots nl Cita n ha wc eit ea eee cee « Rh L 867 

GOATS— 

See Animals. 
GOODS, WARES, ETC.— 
See Weights and Measures. 
Market Master to inspect, being sold by peddlers.......... 650 
Storms Merc. On sidewalks, ete; prohibited Joo. anc.s saeco: 1239 
Measures, etc., of peddlers selling, must be approved, ete... 1491 
IMIGASULES =e UGeTalMLES ty Catt LSD SCLCU WEL a, cee tiene a teteie accent, a enc eee 1492 
Sales, etc; in. quantities, of less weight, etc... .........<. 1493 
GOO-GOO HYEHS— 
See Disorderly Conduct. ~ 
GRAIN— 
See Weights and Measures. * 

GRAV HL— 

Havlineaime certain “wie ONSsa. Dr Oli DEC. par seta la cntterine Bee «le 1a 

GRIFFIN SURVE'Y— 

See Engineering Department; City Engineer. 

GROCERIES— 

See Board of Health; Milk and Milk Products; Pure Food 
and Drugs; Food Products; Cold Storage; Milk and Food 
Products; Permits; Inspections. 

GROUNDS— 

Stacnanty water nob permittced to Stamd? On yon sce chee es 424 
Owners must have weeds and grass cut on, and on sidewalks 427 
Board of Health, .etc.,, may enter and-examines. 223m 2. 2.64. 474 


GUNPOWDER— 
See Explosives, Inflammables, etc. 


GUTTERS— 
See Streets, Sidewalks, etc.; Sidewalks, etc. 


GUY STUBS— : 
See City BPlectrician. 
Hi 
HACKS— 
See Carriers; Vehicles; Traffic, Street. 


XXVI11 Index. 


HACK STANDS— Section 

See Carriers. 
HAND BILLS— 

See Streets, Sidewalks, etc.; Bill Posting; Nuisances. 

Throwing, -etc., on sidewalks, €tcia  nuIsanGes. ay... + vee « 1318 
HAND CARTS— 

See Vehicles; Traffic, Street. 

Rolling, etc., on sidewalks, an offense, when............... 1244 
HARBOR DEPARTMENT— 

See Board of Harbor Commissioners; Franchises, 


CrEatIONs HEEC. re eitisuchle ataie. %5 tole Cohe s eae eee OO ree one echelon fe alae 346 
APPOIntment-OL- Board eleG usar veiw we beeen ere nee eaebeieuaneieeee 347 
Termss On vO fficey GGT so uc teemebane meena Cee POU Wels Boats Tetomre deena te icray Berra,’ 348 
SCCTELALY eee i sok cw’ Ree ae Tete obhes Bea MG ae oats eT ees Ae er ied Ne Rea e 349 
Meetings of Board, etc.; rules and regulations............ 350 
City Hine ineers 6x -OffGLomHMnN SiN Cia. sekieicmc ae nee ee ee etn 351 
HMMployvees, NO w--eM PlLOyvieditas ocr pesetelemecnenetemeae ious emcee ie ee eae ee BY ayy 
Board, etc., has control of Houston Ship Channel, etc...... 353 
SPeciiie pOw ers Of BOA CLC yee vcienete eas ousaes ie kare comeneae ewan oir 354 
Board, .etG. JpOWeLre ase tO, GOMtrO)etGige oi tas aieeeene te eee: tet 355 
Board ete additional powers andyG@utics.. cscs acces ce eee 356 
Members of Board, etc., may administer oaths, etc......... Sa 
Procedure on application for ferry franchises, etc.......... 358 
Procedure on applications for use of water front, etc....... 859 
Revenves*to >Weleredited,, WOW sok 5 eee ee eee cae Se eens 360 
Revenues how. Gra wii LrOmicve scare cyctele lee eeiekeiaciensten.datnel Neceuoncteme ts 360 
Revenues, purposes for which may be used............... 360 
Revenues, reports of collections, etc., by Board, etc.;:...... 361 
HARRIS COUNTY TUBERCULOSIS SOCIETY— 
Shall make monthly. reports te Elealth Officer.. oe... «se as 408 
HAY— 
Buildings used for storage of, not to be used as dwellings. . 305 
Carelesslyestorin ran “Olen Se ver everik we, teis sates oo eae ee eee 308 
Must, be soldvon basis*oOf Mrienmet wielelnt ence teens cen ae 1504 
Certificates showing. trie-netiw cient, CtG. tick. es cekels eck 1518 
Mustastandsait Nay SSUaAlidS aie.t ene cosets, cee cee, een Pepe te W255 
HAY STANDS— aa 
Stan ads TL OFMHA VW AES ONSien es hetale clnteus el lolard ie meree oie oi ee IEP ENS, co 1254 
Right Of waye Must DesKept ODEN a. - msec teletens hele ces eleneneriecbeuets seis 1255 
HEAL TH— 
HealthwDepartments =. gets ce ole cass hus tere nas as teks ROR eats eee 368 
Boarder 5 EL Caven strc son ee va cuskevenede netea toes puaasic ua outsds Parte tee a OS eet 388 
Health OffiGe rs rete hie Meunas> ich coetae dimes ea Gee cohen oie te Lalas EMO a eR etictne 396-406 
City, Chemist and *Bactertolocist, GUC. 6 ee eee eae see 407-409 
NUISANCES?” S25 c=. oimreaeh ccc con co abepetes ee) che Cue ener ae takcks Samet ec iere 410-430 
Stables. ice each ott eta gents hots oceans ok mae eiteweeem etre 431-435 
Barber Shops.” 4 2 Peaiiccsccte cratareleccetee a a idae chia deer c one Taasech nde Teer onnaE eae 436-437 
Garbage, CUCr Atinstiye oath le scele a lete stosek omais is, ence terstere k: Rene mee deme eae 438-448 
Swimming pools and natatoriums...... sa lh eat ane aN s, wa oats hie 449-458 
Street? Garse ret. skewkasae shen she seus eee jitet aveliaie eth us route ecath Ie anne eete 459-460 
Sewage ee sta 20 CRRA Bilas GAR UO eee ceagole uotcheame rakes wane dae areas 461 
Priviés,) vaults, ‘elosets; = cesspoalsh et Crime nc, eens teers 462-478 
Physicians,,undértakers and mirdivivics cts icc naemeieeee cies 479-480 
Contagious, infectious and pestilential diseases........... 481-518 
Ice cream, regulatine manulacture, ct. 2. oe et ake Soto LO il 
Pure, To0d sand yas ae anes hein te Bh ae SNe eo ORI y RS 528-541 
Food products, regulating sanitary conditions, etc........ 542-552 
City Market, etc., regulating sanitary conditions, etc...... 553-554 
Coldy storage resula tions. SO Vern Sy canis in iene dene nsere enone ome 555-559 
Milk and:food products; condemnation, vGbGrr nc ces nek oon 560-562 
Permits; Miscellaneous ee ease ei ee erties ae eee eee ee eee 563 
Inspections, miscel lan ecOUs ene aces eee RU ee eee ee ree 564-568 
CONSTrUCHLON | Vuiis"’ weg eae tee enter ce ieee ee enna eat . .569-570 
Wital «statistics. .Ct@s 20h esate Cis eee a ee errr 571-586 
HEALTH DEPARTMENT— 
Création Of sie hug hn. MRO eis Re RELL ae Eee nee ae 368 
Duties, of: Member Snir cee ate ee OE ake ee eae rca rene he 368 
Composition: Of 40. seas Tees Sep ie Pa ite AN ears BS iol 369 
Creation «Of. Off Ges. Of cnceccke ee eat oR oe ete arene en ee eee 370 
Appointment of officers’ and#employweessaasmct eee oe ee 3 tL 
Salaries sof -officers) and employesse ols eat eee ee eee 384 
Bonds may be required of certain officers and employees... 385 
Mees: or-moneys collected sor receiveds bys erie aon 386 


Sanitary health code to control Ordinance creating........ 387 


Index. XX1X 


HEALTH INSPECTORS— Section 
See Sanitary Inspectors. 


HEALTH OFFICER— 


See Health. 

NEMMICLEO MMEeCa TENDED aint MO tate aye ae eue Stecrieiais seeleNole ones ete ot 369 
RECO LOTS AE OC cing aa alee Spe eka Cae he aa, aah taal ate Taree aaah Aime wad he 370 
AppoOIMLed spy Mayor, contrmed by Counciliy cs i. cn. ae + ons ra (eal 
QUAM EAELOT Si Memmnanere race eh Vem Rtn Grae Mal cain au nie, alee, cia ieColeneres 3871-372 
Shain eevieeoOn Gee tsetse, Seep els iclciel a Oi acettnees fos Fodor athe erom es aide See 
EEO SW all des Oi ONS Oils Mee ta vate hae hae eter ole tidal e Gre dene'sne eee cemeaea 373 
LIMA MESOILLe Ce One BOardy Of A ELEal thls oh oti. heieleteacrio cls he O TO OOo 
MavyeprescrinemOuticc Of, Certain ~OTiGersy fic. os oe oe ee et 14-382 
Saderyar O late ee ame pte iw a ire Aen aN MN BAT strc hi orien ara) cus) tare 383 
Hx-OL1CIOsMmeni oer Of "SOardiO fe ELCAL thy at raag suse. o oe cera aus a akene 388 
Shall execute and enforce orders of Board of Health...... 396 
Shall supervise work of Health Department............... 396 
Shall visit market house, markets, stock yards, slaughter 

NOUISES Sresiauranits sDAkKeries. —CLO™ ats nyt dtceatasrel.. ecu uae es 396 
Shall make special investigations and report to Mayor and 

Oars O tes Plea tlt aiiscry. ch. take eee neers erat a eroitterebs turin Gente). 3896 
COAG OWE TC RONAN ERS 7 Sveicchi nally ABE) vey BORE RA ya cds aN nn cea Aaa aay i 396 
Shall supervisenlaporatony And Omnicee worker wi Bose aces 397 
Sitaii-obtaliaeCer tain DOI Stree aiken tek ea ae eesacs nee ee cane 398 
Shall grant or refuse permits to establish, -ete., dairies, 

restaurants, bakeries, meat shops, or other business in- 

VON. PRED ha tlol neler OlwelOO Grate lcrcaetd aco cue cnte ates sitet SHO) 
Nuisances, duties and powers with reference to............ 400 
Shalitrevokespermits-awhenmandahiO wi cleans hielaa cs vale mens 401 
Shall keep record of "inspectionsvand analyses... .t)..2. 23 402 
Shahi waiSsit. DUDlMGAWAL OS sehOS DEALS Ase CCl stan on peaspereiese tre epale 403 
Shall makesmonthly report to Board of Health. 72... .%5... 404 
GeMOr aUeC i CIESIS war bite cc sctereier ron wee Sie cn aeeaeretane eles Sate eh are auese 405 
Shali@ikeepl vacecinewantistoxin and, SCriWmSi.. «cis os tekes 6 © 6 5 406 
Duty to cause weeds, etc., in streets, etc., destroyed........ 428 
May give notice to parties to clean closets, etc.......-.... 472 
Power to enter into and examine cellars, etc.......2...... 474 
Shall give notice to Medical Milk Commission, when...... 505 
Permit from necessary to bring, etc., milk, etc., into City.. 507 
May require veterinary examination of milk cattle, when... 512.(bD) 
Publication of findings, duties with reference to........... Bally 
May give warning concerning certified milk, etc........... 516 
May inspect premises manufacturing ice cream............ 524 
ShallmessttercertricavesOtminespeChiOmy Cb onc weet sares eke ates 524 
Has right, etc., to condemn as unfit for consumption any 

meat, animal substance, fish, fruit, vegetables or other 

food product blown, meager, filthy, decomposed, diseased, 

putrid, decayed, unsound, unwholesome or unfit for con- 

SLEEP O RM NMR eee Men eR ce cis ee tat ance at ce ceo nem stobeig: ane eae me aicomehe oats 539 
Has power to enter buildings, rooms, basements or cellars 

occupied, etc., for sale, etc., of food, to inspect, ete...... 550 
Upon discovery of certain conditions or facts concerning 

Same, shall-furnish- evidence to City Attorney... 2.02 3%; 550 
May, as constructive measure, issue notice to abate condi- 

ELOISE TOP ie tees RUN Ae S ay BNSC ol coe tey shot cnt von ch seve) ond aeatig pene ee a ieane ants 550 
Has power to enter stalls, etc., in City Market, to inspect 

TICIMNSES Me LOa tee neue cutheg a ote witins tare o tatiemellalt star Ounh gt Seameliosaen ors at sh a 552 
Shall furnish City Attorney with evidence concerning same, 

THEN VME ME SASA CON SEN ear otc yas hee caer cet le ta lets allie Ley eaMe SORA ESL AB SIS fase bio 2 
Duty of, upon finding milk, meat or other food, adulterated 

ORVGSLTENIehta let, DUD ier hn Gall hii ean ina eels te deeenauene ron 560, 561 
Permits to be issued by, for bringing into City for sale, etc., 

LroshmMieeepOUlL mat ShaiCenChea Mie GLC octal twepor se aaltee- crs, ¢ 563 
Shall inspect slaughter houses, animals intended for slaugh- 

LenAGaTrcasees-@r same and meals Sold. (5.25 25. tases tess tre 564 
Shall take or know that samples for inspection are repre- 

OTL LAE yey Ea en et seaman etal ot aire aay heal ALOR EMM a hie acsearle 565 
Unlawful to prevent from entering building, etc........... 567 
Term, when used with reference to inspections, includes 

Pies GLOGS VEU Cu ntsenetokt Cee tater alee: coe vote 1a)s ciel eke aiel sie ekedanstanawete el « 568 
SLAC SSO OMIA DELILE .hanione) srof aisha cisneiel et ethacnbvascewnsy eae) of ats 572 
ShalimisSsSue dente CeLtillGabe, MW EN) w0000 caelcneterelyl sees ele temeeie ods 576 
Shallskeep record of.wirths and deathswicti... Re eee. 578 
Shall. transmit original birth and death certificate to State 

Riess Pra Hao Ley lela CACISULC Sie siepehiee a ar ete@ fells ie Ore ele) lshs (6, « 578 


May recommend removal of human viscera, when......... 580, 581 


XxX Index. 


HHRALTH OFFICHR, ASSISTANT— 

Member sHealth Department te cece is ee pele crea cine ee aes 

CreatvOn Olof Cee aig Ars tata te ek aaa ao ae eens roe eae 

DUTIES * OL piste. avstege te deret een che cola ek CmeMS Eclat nS Sec Ee Pe nn oe MENT Oe ER ani 

Salar youOLl on, ceed eke teria herent esi ce AE eae UIC ECE Soto a RNY em entre 

HEATING— 
Rooms in film exchanges, where repairs, etc., done, how 
FYOALO. Sete ils Bite Seas Ry ete vast okt caus Ai eee as hie eRe ae ES Chet 

HIGHWAYS— 

See Streets, Sidewalks, etc. 
HOBBY HORSES— 

OCCUPATION BEAR PLOT artis ote) eotee acacia silat e Rieke Peete ee ne Re nee eer oe Boe 
HOGS— 

See Animals; Chief of Police. 
HOOK WORM— ; 

See Physicians; Contagious Diseases; Principals; Teachers, 
etc. 

HORSE RACING— 

See Gaming; Pool Rooms; Sunday Law. 

HORSES— 

See Stables; Animals; Parks, etc.; Streets, Sidewalks, etc.; 
Public Peace and Order; Public Safety; Chief of Police; 
Public Pound; Traffic, Street. 

HOSPITALS— 

See Board of Health; Health Officer; Smallpox; Vital Sta- 
tistics. 
HOTHLS— 

See Garbage; Privies, Vaults, Closets, Cesspools, etc.; Con- 
tagious Diseases; Milk and Milk Products; Food Products. 

Unlawful to falsely register as husband and wife, at....... 

HOUSES— 
See Contagious Diseases. 
HOUSE MOVING— 
See-Ordinancesomitted, vet Gr cr testeriee ethene eneae ete ae Bisa nage 


HOUSES OF ILL-FAME— 
See Assignation Houses; Reservation; Prostitution; Public 
Morals and Decency; Houses of Prostitution. 


HOUSES OF PROSTITUTION— 

Unlawful for prostitute to occupy, ete., any house, etc., 

WIEROUTMCErEaAT Nn SIM FUSS ix ied db ies Gee etc eee ale meee ae naa 
Unlawful to rent, etc., house, etc., for immoral purposes.. 
Unlawful for occupants of, to stand upon sidewalks, in 

PRONE OE CUCr CR se Canta ated SANE the keae nit rchiec oi tie eae aro eee mae ee 
Unlawful to carry on, ete., without the limits specified in 

SOCHON 80m mines tee He OA Re EYL bint enna AN ks, sot clase ated neon eae Or 
Mayor may order occupants of, to move 
Mayor, etce., may close, etc 
Unlawful toeloiters etch. lt tes cian eet sak See Le a nen nee tenon kewees 


HOUSTON LYCEUM AND CARNEGIE LIBRARY— 
City to “appropriates s4:0.00r ann tail liver n. carastneysirn teen tence ey ante meas 
Disposition of moneys received 
Hours ‘t0- be sKkepte Op eniwire ie Lalas tetra ees pe Re ee ens ore Ee 
No charge to be made for use of books 
Books jof (accountsto, DemkeD Ui AetG aeicren senene eS ete outa en aes 
Library Committee, standing committee 

HUCKSTERS 
See Market House, etc.; City Market, etc. 

HYDRANTS— 
See Fire Hydrants; Streets, Sidewalks, etc.; Water Depart- 

ment. 

HYDROPHOBIA— 

See Animals. 


S70) © ix Leuigp emia) e BAS 9/0) 6 201 056 C68 bua emoreee ie) OE eu eice 


@) Oar lei aye, ge: bre bl a) Taree el cet ce) inp ete 18 6) fer aen te, 9m) us) oF 


2) 0) D468? 0:40 dp) is As coe) [e) JO) (On ei se, of Ve eye 


Ori 50) 08 ce ele b tp toni (6 iat ey 2 ree 


ICHh— 
See Weights and Measures. 
Venders of 7to-weleh at delivery take ee ea inee ee eee 
Steelyards, etc: @tovbesused: in, wereshingeek soon ichise nee eee ces 
To be Sold by avolirdupoisweirh t Minless mrccieitae cielo tea ae 
Tongs used in delivering to be stamped with weight 


be eMret we: 


Section 


369 
370 
374 
383 


(j) 


Index. 


XxXxi 


ICE CREAM— 

‘See City Chemist and Bacteriologist; Milk and Milk Prod- 
ucts; Ice Cream, Regulating Manufacture, etc.; Cold Stor- 
age; Permits; Pure Food and Drugs; Milk and Food Prod- 
ucts; Evidence. 


ICE CREAM, REGULATING MANUFACTURE, ETC.— 
See City Chemist and Bacteriologist. 
Unlawful to manufacture without license 
Licenserornvcertificate: toube posted). Weenies eo oe ek Se clok cee ss 
Unlawful to purchase ice cream from establishment unless 

EL GGILS CO eemecten terre fast iene ce Wath vicny Ghats at var rarate Re she Mus seh) 9 ve ve cine gi elwibd Be 
Unlawful to purchase ice cream from establishment unless 

TECETI SEMIS OS TOC LU. eieu ate uate theta etna ie Metsloals tot aulay nite Dae led ieee Nagas ta 
Application for inspection before embarking in business... 
Requirements to be complied with before issuance of license 
ACCME MIN a Var GF OmCATICCLLOO Re cocata situiintsre sections: eve. Uo acay brah ce coer tere 
PNSDECLIONS SLO LUeL IMAC eo IMOMEO yz ewortah ecetele tet ccs Peels cok Oeane 
Unlawful to conduct business without monthly inspection 

COGTCIMCALOS ee, eutcrcr seers ee SH NCR Nae oN AAC Sore Foame teeta lteter latateltyclete tener sean 
ELOMALN RDO SONI ape sieware stile op enna Reciie lies sch sctotae gfe oiaidl dans ieee 
Evidence sufficient to convict of ptomaine poisoning 

- ICE DEALERS, WHOLESALE— 

CCOCUPALL OT LARSLOT mn oer re tea eee ete te Selec s Chin a ahasd weary woe 

INDECENT APPAREL— 

IWieCarinerOneStreets GLC alt OLLeMmS Orig «clears eels teeta ects) slat eras 
Wearing dress of opposite sex, an offense 

INDECENT EXPOSURE— 

Standing, etc., at door, etc., in indecent position, etc., an 
offense 


eu iene, Sols te@ vs wile wie es O.'8, 6 


<) ednelaiieias ee ele 's sie) wi 66) a: 6 /0-(6: pee be we 6 6 6 01s) 610 0, 6 e) * lei ise ove 0) 61.8 


INDIGENT PERSONS— 
KNOWANS lye Dninein Se leOmCnl Yeats OlkCNSG.. « d.sie oc usc here, eta « 
Unlawful for common carrier, etc., to bring into City...... 
Failure of carriers, etc., to make proper inquiry, an offense 
Definition of “Indigent Person” 


INFANTILE PARALYSIS— 
See Physicians; Contagious Diseases, Principals, Teachers, 
etc. 


INFANTS— 
See Physicians; Midwives; Contagious Diseases. 


INFECTIOUS, ETC., DISHASHS— 

See Communicable Diseases; Contagious Diseases; Physi- 
cians; Swimming Pools and Natatoriums; Milk and Milk 
Products; Food Products. 

Physicians shall report to Health Officer within three hours 

Hotels, boarding houses and lodging house keepers must 
give immediate notice of to Health Officer.............. 

Persons afflicted with shall not be removed without permis- 
SIOMAOTPELCAUL MSO) LLCO Tay enseets- Mer sama er ye cadeiele) sr apse aia eke ye howe ahs 

Persons infected with or exposed to danger from must obey 
COMMATLASWHOLLE Cal Far Ori Ce ress ofa ties a lets eles eos be eoay oy aes fella: obo cote 


INFLAMMABLE SUBSTANCES— 
See Explosives, Inflammables, etc. 


INSPECTION AND INSPECTIONS— 

See Board of Censors; Chimneys and Flues; Electrical De- 
partment; Engineering Department; Explosives, Inflam- 
mables, etc.; Chief of Fire Department; Fire Marshal; 
Board of Harbor Commissioners; Market House, etc.; 
Market Master; P wn Brokers, Second-hand and Junk 
Dealers; Gas; Electric Light and Power; Sewers, Plumb- 
ing, etc.; Steam Boilers and Elevators; Water Depart- 
ment; Weights and Measures; Health Officer; Sanitary 
Inspectors; Board of Health; Milk Inspector; City Chem- 
ist and Bacteriologist; Milk and Milk Products; Milk and 
Food Products; Food Products; Pure Food and Drugs; Ice 
Cream, Regulating Manufacture, etc.; City Market, ete. 


INSPECTORS— ~ 
See Chimneys and Flues; Chief Piao Inspector; Chief 
Sanitary Inspector; Sanitary Inspectors; Milk Inspector; 
Quarantine Inspector. 


INSURANCE ADJUSTER AND GENERAL AGENTS— 
CECUDALION LAX LOLS piece < disin ohare ole whe s/ 414 oa vas ae Bie ere oo se ye a 


G0 )sey 8) o,f 0a) le) Je) 9), 80. #8) 6. 10) 0) tb) @ pier, Ore) Co" 1616) (0) 8) 


Section 


1341 (e-+c) 


1341 (t) 


XXXI11 Index. 


INTERMENTS— Section 


See Burials. 
INTERURBAN CARS— 


Shall be cléanm ed (daily alse si creteie ss este tenets Beene ie eee eee ee 459 

Shall -pbevkept*in) Sanitary cONdLLIONCG piano ieee iene eine one 459 
INTRUSION— 

Entering, etc., theatre, etc., without payment of admission 

FEE Meter. <UN Ta WLU ates ois RUM ER yate ee IE eB eh eG ae eee eee eat 837 
Loitering upon premises OL vanOtO eR tnesets se ceeterneneets uri ee 838 
To be found on premises of another at night, when an 
OPE TUS oy S a io saclay osc tate soba Meee heiestey oRse AI eataahes Sie anes eo en, SER ee ete eee 839 

Entering dwelling, etc., for unlawful purpose, an offense.. 840 
INV ALIDS— 

Duty of ecarriases for Mire to Carryeseue ot ne . ceria ee ieicee 85 
ITINERANT MERCHANTS— | 

Occupation TaAXALOT ewe sh wil ee CER Cee Ue Cee 1341 
ITINERANT PHYSICIANS— 

OCCUPATION TAX TOM Hae weet sterner eee eae eee aes Cenc eee 1341 

J 

JANITORS— 

At school buildings, vested with police power ............ 965 

POWers OL sateschoOOl pUIMAIIES stents Remeine teenie tenes meee ele Te 966 

No (additional; salary7h ct skeet en on, ee eee 967 

NiO. DONG: Aa re meee cs tobe bye eueralal oh eos os hotaris Leverett tet n ee ame eae nee eae ae 968 


JOURNEYMAN ELECTRICIAN— 
See Electrical Department. 
JUDGH OF CORPORATION COURT— 
See Corporation Court; Milk and Food Products. 


JUDGMENTS, TAX— 


May be@ £ransferred! 6% cco e spore lee ee aeceusllonel oft nhc dome uote Merckens 1414 

Mayor. to-be turnished, duplicate receipt aera ee eee 1415 

MUStI Daye COURT COSTS (DCLOLES EAN Si Crh iis erica: eenaemeneet eee 1416 
JUMPING CARS— 

Unilawiulto jump on; ete: electric cars, whem arise seuei eee 1143 
JUMPING TRAINS— 

Jumping on, etc., railway engines, etc., prohibited......... 1024 


JUNK DEALERS— 
See Pawn Brokers, Second-hand and Junk Dealers. 


JURORS— 
See Corporation Court. 


K 


KEROSENE OIL— 
See Explosives, Inflammables, ete. 


L 
LABELS— ; 
See Cold Storage; Pure Food and Drugs; Milk and Milk 
Products. 
LABORA TORY— 
See Health Officer. 
LABOR— 
VW hat. COnNSHITULES tarda vis sees teatime ee ee stay ret cm een nee oes 587 
Ordinances concerning to be condition of contracts, etc.... 588 
Unilawit ul stoseon tS unidaryarn. consustetenctee tee eee ence eae eee 851 
Hxemptions irom Sunday olaiwe ere tiene ceki ieee nemencnote eeepeme teacueae 852 
LABORERS— 
See Labor. 
LADDERMEN— 


See Fire Department. 

LAMPS AND CANDLES— 
See Lights. 

LAND AND TAX COMMISSIONER— 
See Taxes and Taxation. 


LATERAL SHWERS— 
See Sewers, Plumbing, etc, 


LATERAL WATER PIPES 


Index. 


XEKU 


See Water Department. 


LAVATORY— 


See Food Products. 


LEGAL DEPARTMENT— 


City Attorney, how appointed, etc 
City Attorney, duties of 
Ci vgeovOL MCV SAlAR Ws = antes tal avetcha ehanctete Rees chain eral coche, sheets a 
Assistants to City Attorney 


Qala 6 Teta e Sree e 6 1s (600 6) eface oe a ee @ 


ORR OH emis we eee oe esanueeneetseaneesere's 


LEVIES— 


See Taxes and Taxation. 


LEWD CONDUCT— 


Unlawful in public parks, etc 
LMP ULC Overs LT cOTL OTIS Ctr ceew. 5 ccaty anal tbels ceee se, be tvere teeta al ioe an 
Appearing) 1 .puUpMCHMaLe wide Manner, CtG a a. cde aoe ches ler 
Indecent exposure of person, etc., an offense 


Oey wile, @) ws oe! 6) wo Wie © (6) 0 0) 6 o eire, © 6 0 oie, és: @ 


Se aie <@, qe) 6:18) 9-8) Slee ¢: 


LEWD WOMAN— 


Unlawiulstor eto wandercabout StreetsqwetGu. as cts soe ots eens « 
Uoiawiuk for, to ply voeation.Or prostitute, étc ss. aus spsraists 
Unlawful to occupy, etc., house, ete., without certain limits 


Section 


592 


Standing of, on sidewalks in front, etc., premises, prohibited _ 182 
Unlawful for, to frequent coffee houses, etc.............. 783, 789 


Unlawful to permit any, to frequent coffee houses, ete 
Accompanying, on streets, etc., an offense 


oe eee 


©). 0) fe le) (aie, 0) 0) 0 s- « Telcaiece. 0)°o 


LIBRARIES— 


See Houston Lyceum and Carnegie Library; Contagious 
Diseases. 


LICENSE FEE— 


Additional, by Southwestern Tel. & Tel. Co 


6 07 €) tey'e) ew) @ od. eh’. o 6 el © 


LICENSES— 


See Moving Picture Shows; Theatres, etc.; Automodbiles; 
Carriers; Board of Examiners for Electricians; Electrical 
Department; Board of Harbor Commissioners; Health 
Officer; Saloons; Board of Examiners for Plumbers; 
Board of Examiners for Stationary Engineers; Bill Post- 
ing; Occupation Taxes; Dogs; Public .Pound. 


LIENS— 


See Taxes and Taxation. 


LIEU TENANTS— 


See Police Department; Fire Department. 


LIGHTNING ROD AGENTS— 


QOECUV AIO Neb asxel Olli elas ok seek Wael ee oe sig ciies ald alate aigi)s Gkacehe sired ay see 


LIGHTING— 


See Explosives, Inflammables, etc. (Nitro Cellulose Films). 


LIGHTS— 


See Openings in Streets; Streets, Sidewalks, etc.; Traffic, 
Street; Stables; Railways. 


LINEAR MEASURE— 


See Weights and Measures. 


LINEMEN— 


See Telegraphs; Telephones; Electric Light and Power. 


LIQUIDS— 


See Explosives, Inflammables, etc. 
inlaw betG. Lar OwalDOM DErsOls,. GLO ew se cso 4 selene esac cis sl s,s 


LIQUOR— 


See Saloons, Regulations, etec.; Occupation Taxes. 
Shallanotebpessoldwete win Market. Building ais 6. ae «1 «tein cree 


LIVERY MEN— 


See Livery Stables. 


LIVERY STABLES— 


See Stabies. 
Unlawful to keep, etc., upon pavement, etc., animal, etc.. 


LIVE STOCK— 


See Animals; Traffic, Street. 
Uinilaweulstondisplayator sale. CtC. ON SENGCUS ie to :.)cetd nisraielate 


LOCOMOTIVES— 


See Railways. 


LODGING HOUSES— 


See Garbage; Privies, etc.; Contagious Diseases; Milk and 
Milk Products. \ 
Unlawful to falsely register as husband and wife at...... 


993 


1341 (u) 


623 


XXX1V Index. 


LOJ TERING— 

Unlawful to loiter, etc., in disorderly house, etc............ 
About premises of another, an offense, when.............. 
In=,eter pools noomss nla wu ler «cuchemslegette aes nensie dre teeta 
Around Saloons. iniresidence Gistriect. Lele cecstnos) eiasswencd ous teers 
Proprietor permitting, around saloon in residence district, 

CLC EOUELLE VR. ie take berate wlctede ets PSS ECO, cope ey Oe 
SaloOmin Tesidence Gistrictyoernmed.. oda wsuve mice eat ehomeunny creks 
in saloon: Ce) Ony Sunday, Unaware ren sm caeel Reece roman 4 
In saloons snot licensed inlaw 1 Glee 2.06 wctvsueuseatiete eas eecae eee 
Onestde walks.” Cte ee aiht sa ensth aah teueiare tees Silene re tenet ren ites Leas 
In éte, Market House, prohibited tice sacncreut sone ersieusisoctetorckegale tars 


LOTS AND BLOCKS— 

See Subdivisions; City Engineer; Grounds.’ 
LOTS, VACANT— 

See Grounds. 


MALICIOUS MISCHIEF— 
Breaking, etc., any gate, etc., an offense..... $k 2a a eee ehh ee 
Taking down, etc., any signboard, etc., an offense.......... 
TUrnine On, eres -LasviINVeas) P1lPes CLECs eis eee eneesic emeees 
Destroyines Perel Seas epro per weysd te ote aic eo oeeuete reload coer ane, che enetety 
Injuring -machinery, etc: "of -Gas “Company one oasis aleane 
Interferine witheeds LMeversi uycanins ane ponem ee tideh eee Aedaten seals) etic 
Tampering with, ete., poles, etc., of Electric Light Company 
MAIN STREET— 
See Traffic, Street; Animals; Vehicles; Carriers. 


MALICIOUS PROSECUTION— 


Causing arrest, etc., on malicious, etc., charge, an offense.. 


MANAGERS— 
See Corporations. 


MANHOLES— 
See City Blectrician; Sewers, Plumbing, ete. 


MANUFACTORIES— 
See Buffalo Bayou; Ice Cream, Regulations, etc.; Food 
Products. 


MANURE— 
See Stables. 
Accumulation.Of, “When a. NUISANCES wise chien cies ieee arene 
Shall be removed from stables twice each week............ 


RT CORSA i agora te Mee Fie Fe Dede Oe eae ie a Rte RE REN Ciel nee aU Ne Reee th eee nc taas 
Shall -notebe thrown, etex in alley siete... sree u ee nie 
Persons hauling through streets shall not permit to litter.. 
Shall not be permitted to accumulate so as to become 

OLFETSLV GCE CHAE Ete oie eas cee Lona cba a Lee Re nG Es eer ee ie ae moite 


MAPS— 

Companies using streets, etc., for underground purposes, to 

file “with, City. Hlectricians +. cn 2 wa... eh CONN oe OS RT en i ost 
Persons, etc., shall accompany application to place wires, 

Cts, “With s Plat syste eee ceds ayn cement creer e wee ee ee eoe ae ear eect ne ES 
To be filed before right of way granted to Railway Company 
Made by City Engineer, etc., property of City............. 
WEE WiGOd Sac Ina yp: CON TT MCU We UCz ec eccneyes ois cy tears ter arc an trots) Sache 
Applications to make street openings to be accompanied by. 


1 0) Ech ane a ar cet ea Sm ee ge RA ER AEN gl tO RL Lad ne : 


Persons, etc., owning pipes, ete., under surface'‘of streets, 
etc.) tornle; with City shinein Geiss t «te .clod Riese geke ccue nena 


MARKET HOUSE, ETC.— 
See City Markets, Sanitary Conditions. 
Creation, zovernment;etCrnst mactias |. clesclare ie iviw tote eteenicteiceetaictons 
Marketshours; penaltiesstor-violatin gic seie cee eee 
Preston Avenue, etc., additional places for sale, etc........ 
Market Master, etc., to have control of such streets, etc.... 
Wagons, etc., used on such streets, etc., how constructed... 
Market. Master may refuse privileges: 2. i. 2 5 ae ms 
Unlawful to sell between certain hours on said streets, etc. 
Unlawful to place any wagon, ete., when and how.......... 
Hoursstort cleanin ou fission ha caida Cacia ene ek seer ane eee ee ene 
Refuse matter from fish must be removed, etc...........+.-. 
Unlawtul stousubletivete.. stalls Gt Grune cemier inated tienen uel ai eeerene 
Aisles, etc., ‘tobe kept clear, 7825.7... » MGs ea ole Muwaeee Gee enane avers 


Section 
788 


2 


3) 


Index. 


XXXV 


MARKET HOUSE, ETC.—Continued— 


Ot) oP evita (sé 4, HF be 6 erie, wey 6 a 


WO 0) O78 16) 6. 0 1 8 6) 6 ee 6) we 


Peddlers, etc., of fruit, ete., prohibited from selling on 
streets within six blocks of 


Cte 4 UCN SO) Ose) oh CONS Wy 6 Le 6) 6 Ne) es. 6m) 10.6 0) ee 


2 S75) el ek aap 


License Of Gocs notvaucnorize peddlinge.c cn... .o.. kek 
During market hours, market license must be paid, by whom 
Occupants of Stalls, ete., shall return same, etc., in good 

COME CLOD apap pare rere te cle as Urals aks ecehoy eb eee Tey ices ed eel Fo ChS see Mat. 


aie, Telia my ae) 6), © ‘s™ ei wl! @, et .6) 0.6 fe oF wie! 6 6 


Sei es Ae ete eRe 8 6 6h er ee dle, 6 bye! ewelenie) wulehie) ale! 6: 


Unwholesome meat, etc., shall not be sold, ete.,:in 
Certainvarticlesy cLe- “Shall note bessold, s6te.. in. . 0 wesaie aoe 
Riding, etc., of horses, etc., in, etc., prohibited 
OD tte Compr OME ULe dite ore arose crate ets wets hts ees We Rete een te 
PIMDeR We UL teeter OV Le PC MORE I ian yeh o ot cue) vache lap s We cnatMacec’e idle die enone, ane 
Structuresin, erected, only with) permissions :.ic.essss us s. 
Offal, etc., to be deposited, ete., in receptacles........0..... 
Removal of offal, etc., and keeping of receptacles 
WUnneeessaryranticlesiprolibibedminimern wa 4. dail en 
Occupants, etc., shall pay for additions, etc., allowed 
Unlawful to hitch, etc., animals to awnings, etc 


@ Je, ‘ese. 0 ot # 


S18) ef Cela ahie sis ae, 


CEO Ca Arar a 


Wi VG) Pp bw eh ey evs: 6.sta-e 


CUS NS MelCe sab OUL MeL Cee UIE Ay Wri keatr states eo caanet tice omy cuts ee eee 
Standing Me doorways, :6cC. UM la wi Ul tanpctaudeeias sense atice coece 
DressOt DU LEMmersenGe Comp mih cnceticte tin) rare cite te Oe ecec ast dom Nonteteo 


LTUGIN Sa Layee Ui Las Wee ile nearest ce utaie are tS acd tele ASSN mech eras 
WOES Stan ASS teLG ye mie eo ake ae eve ceils (5 BUNUN Sea ola) Shia eee es 
Character of goods, etc., to be kept in 
MarketeviaSteretOmriannit snare Cerp Sa CEC inte veberue: olelec els muse ces tes 
FVECCIDESLOPO C10 OS COC MICU GC MI eat na cnc ete olat el ap hic Ao uhQhane «lalelaeloteiecus 
Duties of officers with reference to receipt 


MARKET MASTER— 
Greationed fe OlliGe males CUGr=m cist ee cals le tus sacs tetoloeee ahh cee 
Shall have charge, etc, of Market House building.......... 
Shall see that Market House, etc., is swept, etc, daily.... 
Shad Pe SAC! DOE stele) cote raisers tie test eceee east Tele ete fe ele pus aapichat Mobeuth a ver acd 
SUsvemsion sO NEStCeh CPO, van slate hyp wins stew laeaye ole te <p toe's, « 3 
Shalivivavespolece pO w Gris aacci tense ele eeeoseie ale vecel ane) sttayniaiihe arenas 
OTicenours of -shallipersonatly attend fyniss). sees Oh olonslene «nls 
WnmlawLU tO pursue, Other OCCUPALIOM eas cme sie lalate ens 2s 
Hours fOr 1NnSpection Of COUNLEY DrOGUCE EUG. sc. c ens 6 oo ws 
Sha limissierceLeiicacevOLwmlSDECLIONM(. sabe crstiig asajers «lenslerel the « 
Ditty, tovinspect. stocks of goods being. peddled 7 is i.e ss 


MARKETS— 
See City Markets; Market House, etc.; Market Master; Cold 
Storage; Food Products; Pure Food and Drugs; Health 
Officer; Board of Health; Butcher Shops. 


MASKED BALLS— 
aalawti le tonconduet..etcs,: WILNOMis DERIMIL.csn cr. oat. «ier choke ehonecs 


MASTER ELECTRICIAN— 
See Definitions; Electrical Department; Board of Examiners 
for Electricians. 


MASTER PLUMBER— 
See Sewers, Plumbing, etc.; Board of Examiners for 
Plumbers. 


MAYOR— 
See various Departments and Offices. 
MAYOR AND CITY, COUNCIL— 
See City Council. 
MEASLES— 
See Physicians; Contagious Diseases; Board of Health; 
Principals, Teachers, etc.; Food Products. 


MEASURES— 
See Weights and Measures. 


MEAT— re 
See City Chemist and Bacteriologist; City Markets; Cold 
Storage; Milk and Food Products; Kood Products; But- 
cher Shops; Market House, ete.; Health Officer. 
MEAT SHOPS— ‘ ; 
See Butcher Shops; Meat. 
Health Officer may grant, etc., permits to establish........ 
45 


alese: le fe 9)20)s) ¢ Kel eel ie- 6/0. 6 ep 6) .« 


Bee e ve 910) 16 6 ae et elle aliens ea 


Section 


34 


XXXVl Index. 


at re a ee ele eee 


MEDICINES— Section 
See Patent Medicines. 
MEDICINE SHOW— 
Occupation “tA. LOT. ap. cn etch sly) Coe le ts kee etek ne eg 1341 (h-h) 
MEHTINGS— 
See City Council; various Boards; Streets, Sidewalks, etc.; 
Public Parks, ete. 
MENAGERIE— 
Occupationgtax tOnac. see Deane ee ee eee hake 1341 (0), 1341 (r) 
MENINGITIS— 
See City Chemist and Bacteriologist; Physicians; Conta- 
gious Diseases; Placards; Principals, Teachers, etc.; Milk 
and Milk Products. 
MERCHANDISE— 
See Weights and Measures, 
MERCHANDISE BROKERS— 
WO CCUPATION Stax LOT ce, 7 cele ocak On sei CARIN Sal ae ek 1341 (i-i) 
MERCHANTS— 
See Itinerant Merchants. 
METAL CONDUITS— 
See Electrical Department. 
METERS, GAS— 
Testin 2 VO Tass acnacharee mace erulee cain, PORT RET Rech ae ECan ee LC ee 974 (5) 
No general Charge e LOR als Sytesns, Chest renane eee eer Ln eae 976 
Interferinig Swi tir ities cat dsatendciee erento e te oie a bee ea eee Ee eae ee 982 
METERS, HLECTRIC— 
See City Electrician. 
TPES TINS LOLA rd Cadicastcnvet es ou a atc icecie mks ea aC arta oee eae oan ae 983 (5) 
METERS, WATER— 
TTOStiN Ss OL Ince a ees, See eeee ie ca Toes ee ee eee nee mere eee naan 1460-1463 
Chargest for, ren talk jw. sce aie crate eaten ae tea Rae ar eee 1467 
Connections larger than one inch, metered, etc., at expense 
OL) OWMESLS fats. eeeke leis teltele elke Maacl S ree eee ele ee acts TEES Ch Loe 1468 
Tosnemain property col  Cluy. ven a ete nt eee cere ae ee 1469 
Unlawtwl tominterferecwitltacecccl oot one teases ese oe e cheer ae ean 1469 
MIDWIV ES— 
See Vital Statistics. 
Shall register names with Health Officer....2.............- 479 
MILK DEALERS— 
See Dairies and Dairymen. 
MILK INSPECTOR— 
Membersitealtho DWepartin enteric ieee aie ne Oty Tee 369 
CreationmoltOltl Charon tieicetu oe en. Pe eT Ente aL mene ail) 
DUtieSEOP 43 BN cueke steko hie cote: else ect ake Raa otela ee testis aeRO ene 376 
Salary COR cars uteckewe auc ts <. Shen aie ae Roe ea Se ROTO oan ae er ae 383 
Acting under Health Officer, to issue permits to persons 
Selling = Mil} Steir d pater ee eee oie oer ins ete rei ae ene rears 512 
May require veterinary examination, etc., of milk cattle... 512) (Cb) 
Shall cause animals with tuberculosis to be tagged, etc.... 512. (GC) 
Shall give notice to dairymen of time for testing cattle.... 512 (ce) 
MILK AND MILK PRODUCTS, REGULATING SALE— 
See City Chemist and Bacteriologist; Milk Inspector; Health 
Officer; Milk and Food Products, Regulating Sale. 
Unwholesome, watered, adulterated, reduced or changed, 
shall not be brought into, held, kept, or offered for sale in 
Gals ieee ae eae Pera ney Marre Sa Uo ie TL dO Abe eats ey gas 501 
Persons shall not keep, have or offer for sale in City, except 
asiprovided by 7Ordinan CeSm ven wcnvepcier cet s cts ve gascete oiemensterece 501 
Meaning of “adulterated” and “unwholesome’’............ 502 
Meanin2* Of 84 Gr Gani? sitccs toes oii elit ike aeetetrear tare hae teeta aneneiae 503 
Sale of products from condensed milk, milk, skim milk and 
substitutes for albumen of cream, if labeled, not pro- 
lou oN ho 275 Ka an Se OMA RA Cun ger A PACA R i tat ik Pte tm eh hie Wek lew tert 503 
Dealers in shall not sell, etc., milk from which cream has 
been. removed, unless tabeledn te. wei. crete acts ehateteiateee rae cite 504 
Dealers, restaurateurs, hotel keepers and others offering, 
ete., milk from which cream removed, must set forth in 
labelsstoageonsuminge Du DIC eee. sicistecescies echo iia. wenn pare 504 
Dealers shall not sell skim milk having less casein and 
solids*thanvunskimmed mitk Ware eee ier ete hale eee 504 


Notice to be given by Health Officer when certified milk 
fails-to scOnLOTMstOmstanGanrgs aminccwmetcsscee creme n ee iit eter es 505 


Index. XXXVII1 


MILK AND MILK PRODUCTS, REGULATING SALE—Continued— 


: Section 

Dairymen, etc., shall not sell, etc., as certified, milk not 
CONLOLMIN eS; atoms tandard when 8464e. ac. delle oe ee. 505 

Penalty for bringing, ete., milk or milk products, adul- 
LEraved es One TmIS DANS d a dees vekeisis eee kia cence cles e. 506 

Dairymen, etc., twice convicted of selling watered milk, 
Darredet rom holdin ge epernal talents ses aetacet ie aes pele od. 506 

MILK AND MILK PRODUCTS, REGULATING SANITARY 
CONDITIONS, ETC.— 

See City Chemist and Bacteriologist; Milk Inspector; Health 
Officer; Milk and Food Products, Regulating Sale; Con- 
tagious Diseases. 

Permit from Milk Inspector prerequisite to bringing, etc., 

RIT EO On U Vin peemn ren nt ae ean nmi? Maem On WEN se ngs Nace oh Sry ce oes Sota bs 507 
Milk vehicles shall bear name of owner, etc............... 508 
Grocers, bakers, restaurateurs, barkeepers and others hav- 

ing, etc., must keep name of person, etc., furnishing 

DOSTEdeIN CONSPICUOUS UPLACe.seUGara tear t ats ck ue etlenc he ae 509 
They shall also keep cans, etc., in which kept, etc., clean, etc. 509 
Samples of milk, etce., to be furnished Health Department 

Ons tendercO HUNARK EAP Li COs are her sics hotetere canes wis dad wnat eae o s 510 


Bottles, ete., for receiving, etc., shall not be removed from 
house placarded for contagious diseases, unless disin- 
feeted as directed by Health, Officer......06.6.5...-2.265 511 

Persons suffering from, etc., diphtheria, scarlet fever, ery- 
sipelas, cerebro spinal meningitis, smallpox, or other dan- 
gerous contagious disease, not allowed to work, etc., 


ALO OC Celle Nabeen Menem ey se ec Nake ct Nn SP mea e eh Rasy ewe iy (Saabs 511 
Permits shall be isSued without charge................... ules) 
Permits shall apply to all dairies, etc., producing milk for 

Sea Saale OTR Ais ov oaks tas ead eb ORME Bee Cae oe mE I segs ae 512 
Milk2inspectors to: issue permits. a... 6. ee eles ees eee 512 
Milk Inspector to see no milk is sold without permit...... 512 
Permits, how often and when required.................... 52 
Permits shall not be issued unless certificate furnished, etc. 512 
WOonLeTLbSi O MACCr Tifa Leena rer te oot traldon des sf cisahsceiele salen vie 512 (a) 
Examination and inspection of dairy cattle may be required 512 (b) 
How examination and inspection made................... 512 (b) 
Refusal or revocation of permit in case of secret injection 

OMe FDU axeuarenwm Nate eR Wary ie Biel ahs camcotey CRECOC? GyichOnOs sa cieicce REA eee ee 52 Gp) 
Tagging and isolation of diseased cattle from dairy herd... 512 Cb) 
Tested. Nerds what. aresande CheCtirk a acca . he Side thas we ee ole 2G) 
Milk Inspector shall have notice before a test of cattle is 

TYPE ee ne EEN ey hectare EULA ee tateee ster oo Mls steer dadays, Sea A ateneeele 's 512 (e) 
Milk Inspector, etc., has right to be present at test........ Hil 2ECe) 
Veterinarian making test shall file record with Milk In- 

SIDS C LO Vaart ata aN tah wee se eee epore se Pt oce ie Gaither dutete chal Rte ed eh eta tesla e! 6 512 (ce) 

» At test, animals showing tuberculosis to.be tagged, etc.... EZACe) 
Milk Inspector shall give notice of time within which tests 

NetrWW Olerscia abso ker ines Sm Ato iGline ce One eae aiarmenn Ae eS Oe SOON: Hale Ce) 
When a permit shall not be issued to a dairy.............. 512 (d) 
Permitssmay be revoked) when. es. 2.5. sss pe cee es 6 512 (d) 
Permits refused when inspection by Board of Health, etc., 

HCE LEGS Clatea satich aaa se eee a loue pis Setehonney eae BER. RE Ober sa bate ece Sas REE eI 512 (e) 


Before revoking a permit in such case, hearing to be given Dace) 
In case of appeal to courts, where contagious, etc., disease, 


after notice, permit shall be temporarily revoked........ 512 (e) 
Cleanliness of hands, etc., of milkers, etc., to be maintained 51 2--Cf£) 
FLeECeptaclesw et Gi CLEAN COs LOW c2 ches ci sicieie, ney teksten ints) eusha sie <iaus Dulbau Ce) 
WO wise t ORDO Ke Digicel Call wiaian arenes ineces ist sapere ities ewan ater shen gars 512 (zg) 
Cleanitig (of teats, Cte eo Seo oi a8 ein oe dhe Seats ow ee Eee seen 512 (2) 
Receptacles for reception, etc., cleanliness and care of..... 512° Ch) 
Health Officer to be notified of contagious, etc., disease 

Vac onaed OOM ESI Pac ibetci Ato Paola Goeth Sitae Ceol clic Gy OINo) Oo Oru bloairc esc acrcmaing: Fille (le) 
GOW Sot OMOSISO] A LOC ieEL Chetry: pretiche, Selo. ctone cr melnstsrenwasiun ey sr el ay eher ots 512 (i) 
Milk dealers, restaurateurs, hotel keepers, barkeepers and 

others keeping for sale, shall keep, how................ HLS 
Consumer shall not deliver back an unclean bottle........ 513 
Bottles, ete., received from patrons shall not be refilled 

TIT CH TSC UC Pati ca iadics siahcy atte ore shape or ohiaastwe Daft ont ono ecsth ee 513 
Physicians shall report communicable diseases in dairy- 

AVA TUES LOE Arok VINER. ween neice ots tahaice Sen ayreh water vl muah oneh oNaee wast al Ses 514 
Publication ofmindgines of. examination Of 05.5: 20... -1.+ 4+ 515 
Six examinations monthly of certified milk................ 515 


Bacteriological counts where milk obtained............... 516 


XXXVIll Index. 


MILK AND MILK PRODUCTS, REGULATING SANITARY 


CONDITIONS, ETC.—Continued— Section 
Warnings of Health COfficer in case of contagious dis- 
CASE: SELCi 3s A Se eis eee cen wean PM em Nar ey ACBRED Shes ceAON ns ee Pa see 516 
How sSamples: Of taken: acct mais yo cacoee aig ts So neel shee oes nee kate 517 
Penalty for violations of Ordinances concerning. ,.,......... 518 


MILK AND FOOD PRODUCTS, CONDEMNATION) Or— 
See City Chemist and Bacteriologist; Milk Inspector; Health 
Officer; Milk and Milk Products; Contagious Diseases. 


Publication“ of findings Of “Examinations OL 5 sje crteiiaelt ls 515 
Milk, meat or other food adulterated or detrimental to pub- , 
lich health. ~to be tare eds cece sae ven else alhnkte ene heaton teas 560 

Unlawful to dispose of when so tagged, etc: ....2......%).%.. 560 

NOTICESTOs De ‘DOFN CED VAAL eres cots Suey races en, cae e deh aea sae eaten nr a 561 

PTOCEAULELLO” COMGSTIITI. iin eee ataata: Wr exdneiele ie ced casey coche moves emmy Meee a 561 

Disposition ‘of, 1ffindin's swith ealths OTflGers esa auccaedsasielcccns 562 
MILK .VEHICLES— 

Shall bear name of owner, number of license, etc.......... 508 
MINORS— 

Selling sete, <LGuorse tOsian Ole em Serta rok cacnetey eels memos ore tetemerene 1050 
MISSILES— 

Huyriine: sete, ans OfbemSe sarrsicte old teerse acne ede ermaiaectdaieae ae ner nar ie 929 

Discharging gravel, etc., out of gravel shooter, etc........ 930 
MONEYS— 


See various Departments; Chapter VI, Revised Code 1904, 
omitted; Public Pound; Chief of Police. 


MONTGOMERY AVENUE— 


Namervchanged: to NOrthe via ines tr Get ae .tsi. iy spatcmemenenet tie cee nene 1335 
MORTAR— 

Uniatw hull to Amix UpOM. SLY Cet .iiet ea ee see ee Bene Boi 1307 
MOSQUITOES— . 

See Grounds; Cisterns; Stagnant Water. 
MOTORMAN— 

Unlawful to sinterrere switleeet@es conse teieie «hea hei eeeteneenoine 1142 


MOVING HOUSES— 
See Ordinances regulating, omitted. 


MOVING PICTURE MACHINES— 


HDennition,ol SPicture Ma chane: aa ae ake aee ene id eee cere 2 
Must; conform ito, Ordinancest aso. oi ae ees 3 
Shalbibe enclosed insmetal booth, etceenwe tenet nee 4 
Fixtures, etc., to be of non-combustible material.......... 5 
Ventilationsof booth so carkccaadees Gees ae ee Eee ee ere 6 
Entrance:.door-to booth phnoweconstructedsnrn aie. aia 7 
EMectric wirin's switches} exitysiens. ssa Che ee 8 
Incombustible magazines; condensers; films not in machine 9 
Operator sr, ALC + Of caiteathann ticle shear ereRt ee licaa Tact ea Ae een eer 10 
Prohibitions; .ctcs as stoqinstalla tion. et Coens ee: eet eee 11 
MOVING PICTURE’ SHOWS AND ROOMS— 
See Moving Picture Machines; Moving Picture Film Ex- 
change. ; 
Permit must be secured “before Openina i. cpa cae eee ee 13 
Exits from exhibition rooms; other arrangements......... 14 
P@nalty oo) Cie pee eeree CAMS ah a Me te he ene hebenera eet Ua wetnen et 15 
MOVING PICTURE FILM HXCHANGEH— 
See Moving Picture Machines; Moving Picture Shows; 
Explosives, Inflammables, etc. 
Must comply with requirements of Ordinances............ 251 
STOPA Sar icles eee no ne ete ek ore ten Bae emia Mase Sk aie 252 
Vaults, in buildings of non-fireproof construction.......... 253 
Vaults; in fireproot buldingsrnc swe. a. i ER Bile tee a ies a 253 
Sa hes i, ica atte ee CesT eee eee OS Sete Penece chases atae sont oss hE eee 254 
Ventilation, ofF Va ultseand@ saices tures eacas cleric ree en eae eee 255 
Mxaminin es) ang Tepalr in Sr. cal sects Geet ced oie vee eee enone 256 
WASTES COTS. A508 <crecet er elia, o, CHERceo Ne reaepeee foie apeuocisoe tus mmens tote sitce cakes oils 257 
C@MLEYILS «eles iP eed Sees bp eae da poet cae MRR ce Le eee ee 258 
hye ah mh ah amen Crue. mare a LAMA 5 Be Ae ha Op eta esa am Ee yid es tty 5 259 
je Ror hm et era a or PRN Re ave, Aish, Gin Mes gy Mkt quteccih hs iol athe isiceatin dr O'S 260 
Smoking in’*room. containing, films,; prohibited .2% 0 wees: 261 
Fire*protections equipment: yee, 2 tan ec ctais tre ieke ik aoe eee ees ee 262 
Not complying with the Ordinances, a nuisance............ 264 
MULES— 


See Animals; Stables; Public Pound; Chief of Police. 


(a) 


(a) 
(bd) 


Index. XXX1X 

MUSIC— 

See Bands of Music. 

| 
Section 
NAME— 
; See False Name. 
NATIONAL ELECTRIC CODE— 
' See Electrical Department; City Electrician. 

NEGLIGHNCEH— 

See Drivers; Traffic, Street. 
NEGROES— 

Street railways must provide separate compartments for.. 1150 

WAL MUC WFOLVICOU.. CLO agate sesltaabile chose cele ov ee aes 1160 

PCR ILEN IN CEO ca CLOLI TI OL Merbiaiey Waco ern i ctN tes, oe coe ntact ols bees 1161 

Conductor shall have right to refuse passage, when........ 11638 

INUESOCS es TO Gait CLUE ci see ec lsin ce tee ie ce Sauron Sale eA Gale 1165 

Exclusively duty of Conductor to shift screens............ ibaliyeay 

Conductor to report persons shifting screens.............. 1172 

Power of Conductor over screens and passengers.......... 1173 

NIGGER SHOOTERS— 
USesor relLcraprold Ditedmr = erm yans Gt des oh eke cece el ds Aesth Cin ee oe 929 
NIGHT SOIL-— 

See City Scavenger; Board.of Health; Health Officer; 
Sanitary Inspectors. 

Residents, householders, tenants, hotel keepers, agents and 
other persons shall not deposit in garbage vessels, etc.. 439 

Unlawful for anyone except City Scavenger to remove..... 467 

Fees for removal....... 2s Atay 5 of Sasa, Sea es Ee Se aaltepet a ee pe 468 

INO TELCOREOMDavahCCSeE. tamer eri Nant ee (ur een k ag tly, ou nde a ge 468 

Penalty torerawure to pais within) five Gays... oss. <le cues 22 469 

PenadktvelOu patliurestOnpaiy LGes eke the ecke, Subeicis GaSe abe core 470 

City? Scavenver may look to Tandlord .24...0.5.. bese be eee 471 

Removal of to be between sunset and sunrise.............. 477 

- Duty of Scavenger to remove upon tender of fees.......... 478 

NINE AND TEN PIN ALLEYS— 

Oceupatio ine baxccOr sewers ae cece Pane iene Sek oe eas RaSh hes inane 1341 (i) 
NITRO CELLULOSE FILMS— 

See Moving Picture Film Exchanges. 
NITRO GLYCEHERINE— 

See Explosives, Inflammables, etc. 
NOISH— ; 

Certain contrivances creating unusual, prohibited.......... 833 

Boisterous talking, etce., prohibited, where................. 843 

Disturbing public worship, etc., by, prohibited............. 844 

NUISANCES— 

See Stables; Barber Shops; Garbage; Swimming Pools and 
Natatoriums; Street Cars; Privies, etc.; Milk and Milk 
Products; Food Products; Moving Picture Film Ex- 
changes; Bill Posting; Fountains. 

Board of Health shall make orders for Suppression and 
EMO a KePaaevoNe ORE. tacstorcigenten cee APACER Poet Dane aMy ait Vee Sie rc ee 389 

Duty of Board of Health to prevent, abate and suppress... 395 

Duty and power of Health Officer with reference to....... 400 

General definition of what constitutes a nuisance.......... 410 

Deposition or accumulation of foul, decaying or putrescent 
substances or other offensive matter constitutes a nuis- 

INC Cal TSO UGE OL me LCi ite Bee cas tote tne er oh bene ost suede eis jel aderene tp alee 411 
Overflow of foul liquids, escape of gases, when a nuisance 411 
IPOLUCed ew elie savy en meals tah fee ice aids Rm cus: wee Pnie au heres Mammen cad aoe 412 
IPTIVAES Cl Cr AWC i. cre. etensrs Hatesserey Meaney encrel Oech Uireteon sie peak tsen Sy terete 413 
LULL) See FOO LIS aay EET) caemsresa re Aa deems er evemen etches grin cesyeAseotay Sarin ata 416 
SELEATM | WW ELC UMM RS Des ete «Aico aida erdie ok Ga sia 0 Pe etn Pit g aRa «Gia ge ds 415 
NGGUIMTIATIO Ne Ober HAT UPON WilCTia wicca se Ph ore alsa oval ccthaher elevate Geta 41T 
IANGCIPDT LA CIOTMMOT  “WiaiL el, WALCN » ancev sted ers virielare atdievera a saa cl cic aia 418 
EVOULET SLO WIE LS MAW TG Iiarccs, Merete. swale & sovcae, aia o eiel telethon came med ch eton ee ral9 
Slopping, etc., cattle, etc., on distillery swill, when......... 420 
Pei Ley lwrCAtmSin So eb Gam sce: Ae aie lec duels sis ccke cl ohio she catia sks wivo.ei's 421 
SURI Te POLE OT (S\< LOLGL cavers S eiaks a hiss ia tee eet ata ete) suelo eo aial als hehe dle 422 
Stagnant water standing, etc., on yards, etc., when....... 424 
GTSCCENS POLO WiINCTies se iitorn ie aie tete sal tate do aca ahntors faye Fe oe eal ie ages 425 
Hailire to Keep lots, ete, free from grass; Ct@ om. cate ns «00 427 
SUICCMO ROME SIC GwWell icc CUCrresae stay stohel are ote crave ek alate cols ov Cia) ao cS 7a 429 


x! 


Index. 


Oo 


OATHS OF OFFICE— 


See various Departments and Officers. 


OATS— 


See Weights and Measures. 


OBSTRUCTIONS— 


See Sewers, Plumbing, ete.; Streets, Sidewalks, etc. 


OCCUPATION TAXES— 


See Taxes and Taxation. 


OFFERING FOR SALE— 


Whats "deemed oie ere eet meee F 


eee r reer e eee eee eee er ewe 


OFFICERS— 


See various Departments and Officers named Sposa liv mn 
this Index. 


Resisting or interfering with 


OFFICIAL BALLOT— 


See Elections. 


OIL— 


See Buffalo Bayou; Explosives, Inflammables, ete. 


OPENINGS IN STREETS— 


OPIUM— i 
Keeping resort, etc., for smoking, an offense............ ae 
Renting premises for resort, etc., an off€nse. i... ow os = 

ORDERS— 


See Streets, Sidewalks, etc.; Sewers, Plumbing, etc.; vari- 
ous Public Service Corporations. 
Unilawtulstotimake “without permits reise srasec ee iene reas 
Mayor must approve for main, etc., trunk pipes, etc........ 
Written application for permit to make must be filed, etc. . 
Unlawful to make other than shown, etc., on application, 
CU ae INE eases kc lattes leche oee eye ates Coles bal lis be orde nate RECT eRe itn eat ne RRL etc octane Rea 
Permit; to.make-noteexclusive-2rant ou jas ie cr ete eels 
Policy of City to require laying of pipes, etc., prior to 
DOV ALT Br EE SSNS UES, IN pare et a eT acre PST aa TS tap mn Ices fe a ee 
Deposits -required BLOF aero chs ek et eseee te peas Ieee ee een eee 
Action of City Engineer on application for permit for..... 
Permit{for notetranstera ble vivan css tiie Gasket ene ewe 
Crossings and signals to be maintained................... 
Free access to fire hydrants, etc., to be provided.......... 
Disposition of excavated material, etc.............. Bees asks 
Barriers and signals shall be maintained at, etc........... 


Refilling; notice from City Engineer to refill, etc.......... 
Refilline by -City Hiesineer. yaw eecercccet wae oe Riker eee 
Manner: of ‘retilline Win ee eee ee Pare eee ee are 
Refilling to be held guaranteed for one year.............. 
City Engineer to give notice to repair, when.............. 
Disposition Of ‘Money: CEPOSIUSt er. cesseiepeseeate eer cee ee ie tone eevee 
Additional permits not given, if not satisfactorily refilled. . 
Cost of trenfllins=bys City sb neineen hea cee ene ere ene 


All work of, done under supervision, etc., of City Engineer 
Unlawful to install certain pipes, etc., in Streets, etc., at 

lessiidepth than stwOrs Geter aici cease) Seasoned 
Maps to be filed by certain public service concerns........ 
Statements in writing must be filed, of abandoned pipes, etc 
Unlawful to make excavations, etc., for removal of soil, etc. 
Original permit or number to be kept at work, etc........ 
Provisions with reference to, do not apply to work under 

contractsauthorized Hbye COUnmGil crc prince eerie paca eae 
Provisions with reference to, do not apply to prReete etc., 

o£ City ,OfSHOUStTON: JUG en. Aetaeta ce tees Che eee kena nates nee 
Provisions with reference to, do not prohibit eee to save 

HEE, | CEC Rite Sooo andere loboer oe ctes mate estan cae ENS oe MST Tasks oe oce ace ewe 
Penalty, invcase of violationv Of  provisiONs =. wee. ol cuneate ee 
IPOLMNITLLSC eee od bee orem eis ean Seas ers GNARL ERG eatin wamete 
Unlawful to dic Holes instherstreeces, euGem me imicte eral enor 
Leaving excavation in streets, etc., an offense............ 
Unlawful to dig ditch across street, etc., except.......... 
Leaving excavation, etc., uncovered, ete., on premises, an 

COLON sy AK Re eS SUA ie, eo PPC Pe Prolc aPOe 636.08 didi agtyc 


‘ 


See Board of Health. 


829 


Index. xli 
ORDINANCES— 
City pecretary -to- record.all: ordinancés..0se9s 8 oss ok. eee we 118 
Last passed prevail, in case of conflict, etc................ 1525 
Gertam, Omitted from: this;Coder si on. noo lack 152] 
Final Chapter, provisions with reference to Code........ 1520-1430 
ORGANIZATIONS— 
See Traffic, Street. 
ORIGINAL SURVEYS— 
Determined by survey of W. H. Griffin, recognized........ 235 
Wii OOddn Ma). CLC. 7 CONTEINE ) oso siete ae ee ete 235 
P 
PANORAMA— 
CCHIT UOMO Lae Oleh ae ee ena cate tee wr nee cL ee 1341 (g-g) 
PAPER— 
See Explosives, Inflammables, etc.; Streets, Sidewalks, etc. 
PARADES— 
inlet wens wath OLE Der ni tyes were hed te wee ee ee 1a 
Unlawful for circus to parade between certain dates...... 1324 
PARKS, ETC.— 
Mayor) toLenployakeeper and. eardemer-y.so ce cae. yp aeee 655 
ESC CD ETE LOM Liven atest) aT Kame recue ty alec liens. faery Seg me mes So Peer mie Melee 656 
Receipts of Sam Houston Park, how appropriated......... 657 
CUTIE Stal O War IS DULLES CC naman tbe. ois shai Siete ia rete Creates 658 
Unilawtul toe dopcertain. acts without permitw......<.s<se. 659 
Winitaw TUT COMO Nom AOS Srl tOue ety sree celeron nen ee cy. tus Trey tis 661 
Uinitawe Wwhato stecnere Cten COW CUCL. IM \.o eats Seda de ah we 662 
EUW CPE Om LOUIS eure c Cel Tiree ak nae enti s yee See ge aves Gere eer iil Tuk a 663 
Unlawful to drive, etc., except on park drives, etc......... 665 
RG lLelO mes peedernse tila wat ls tOrex CCE waa wtalce as nied « cil clessleucie 666 
Unlawthultoserect structures, etc:, 1n, Except... c02<..ses ne 667 
Unilawtul tooremove; etc, any structure, ete...2.......... 668 
Unlawtul*to-allow dogs, etc, to run at large, etcs.......:.. 670 
Umnlawtiietouwellx- eteson any DOrdGr CtC... ..c...6cesrereye ss els 669 
UntiawtultOrshoocc etc, f1Inearms, GUC lines ccc oA cir ie vie eis, sus ceane 671 
UnTaAweE Dis tOLleases CLencamy animal, CtG aa 22102 .6e see csc 0 os 672 
mila le LOnvbes CtCr maa SOlUCTCOT OC ELG: siden ce «lore hs Mier aise. 673 
Unlawful to hold public meeting, etc., in, without written 

DELIOUISSTOMMPELO lie CO Uti Cll enim a cera tye re cee male cc chalice clans 674 
Unlawful to hitch horse, etc., to any tree, etc., except...... 675 
Unlawful to allow horses, etc., to remain unhitched, etc.... 675 
Wnlawillecosconauet salle: OL .CaamCen nic «+e aie isiets cust osiet. 676 
Unlawful to carry on boisterous, etc., language, etc........ 677 
Unilawhuil conein toxica tedepersonnatO, enters -ClG a... a). ses 0: eae oc 678 
Unlawful to ride bicycle, etc., through, except............. 679 
Unilawtwltosplay: certain -sames, ete:, Exceptt....c5 15552: 680 
fHiniplovecsi.ete..torhaver poliGe: PO We! cx.) sicls ee viel c eis cers esas 682 
Tyine animals: to, ete... shade trees; an offenses... .25..%... 684 
Unilawtul to sleep on Court House Square, etc.2:.....75.... 685 
Destroying, etc., trees, etc., an offense Meet Geetha aN aceh etiag chat? 686 

PASSENGHERS— 
See Carriers; Street Railways. 

PATENT MEDICINES— 
Throwins tO DIivaceryaras, @LC.,. DrODLDITEG oc ss ae 941 (a) 
OCCupAvione tax LOrMtIraveling, VenNdersPrOL< 2. 45 wscsse sus caso ous 1341 (h) 

PATHOLOGIST— 
See City Chemist and Bacteriologist. 

PAUPERS— 
See Indigent Persons. 

PAWNBROKERS, SECOND-HAND AND JUNK DEALERS— 
Mayor shall purchase books for use of pawnbrokers...... 687 
Pawnbrokers ete, shally kKeepwrecord; (UCase snl: «cl eieascre ens 687 
RMecord ,OLvsitall«be_open to. 1InSpPection, fetes ois) cis)... . newer 687 
Stockoshalle bel openetor Xa Mima ClOM 3 3 sit eabets ole ccs sucche cle oie) 688 
Record pooksushallebesturnished> Pree ark aaaactea)< a elslata) ols « 689 
Record of pawnbrokers, etc., shall contain full descrip- 

LOMA CLC FONG er eMe ese eH ns Med set cVumy asisne Byers ered cmeeneNece ‘sie lel-entat’n Fell “ai «tle 690 
Unlawful for pawnbrokers, etc., to purchase from minors. . 692 
Written consent, Ofyparent, 6tC.,'4, dELENSE a... sto a lease 2 el «oe 693 
DO TMEV a Ota UN Ken Oa OTS ty iets na 6) heal stat vio) whe awe, al cupletela ne! Slelsie (anit, 4 695 
Junk dealers must’ provide record book J... <j ee ewe 696 
Record book shall contain full description of property, etc.. 696 


xlii Index. 


PAWNBROKERS, SECOND-HAND AND JUNK DEALERS— 
Continued— 
Unlawful to act as agent, etc., for person, etc., not keeping 
ECOL Is SS. Were tones ae Ree Peas Tans vc ane ae ee ay, Ne CER 
Record book of junk dealers open to inspection 
Record-book to show description, Eten. We. we ose fl, ee 
Record book te shows price paliduven ees te eee 


5 hee-8, lqute\ lenis 6 fo, te we 


Junk defined to include garden hose, etec......... cue ae 
SCrapAron NOt inGludedeseausc™ aie wale ee ee eee eee 


PEACE OFFICERS— 
See Policemen; Vital Statistics. 


PEDESTRIANS— 
See Fire Department; Traffic, Street. 
PEDDLERS— 
See Market House; Parks, etc.; Streets, Sidewalks, etc. 


Occupation tax: for Clock peddlers? ete... .2te eee ee 
PELLAGRA— 
See Contagious Diseases; Principals, Teachers, ete. 
PENALTIES— 
For non-compliance with regulations for moving picture 
IMAICH UVES ere eo eae eae Gtr a eT ae cP UES ge ee AP ata ERO a 
For non-compliance with regulations for moving picture 
SHOWS! Al) FO OMS so Lee eapee, Pe ame ec Naah ee CREE ta CN ge pees ae 
Hor failure ato vobtaine permite Lorethiearcre, aeleoes lane Ga wee 
For failure to keep aisles of theatres, etc., clear.......... 
For constructing theatre contrary to Ordinances.......... 


For constructing theatre contrary to plans, etc., submitted 
FOT Per malts! Corey Aa ee aaa oa Eee Tea re RE ara aoe 0 geen ee 


HMOrySMoOKin Sine th Catre net Grrt. svucseieleicncteae sien meinwen ce ee eeeteee 
HOV USin eS OlLAStOvenelCisin-d NEA tRe meni iain cient ee eae eee 
For using stove, etc., in theatre, unless approved.......... 
For failing to keep, etc., in theatre, etc., fire extinguishers. . 
Mor sleepin fainatheathe petcrs ead) oeece sae cere ea ie he ee oe 


For holding masked ball, etc., without permit.............. 
For entering, etc., masked ball, etc., not duly authorized... 
For failing, etc., to furnish clean programs at.theatres.... 
For failing, etc., to close entertainments, after notification 
For contaminating water of Buffalo Bayou above, éetc...... 
Hortbathin shiny DaAyO WS sara peer tanelnbelinns semana oe eaecca cia eee eae ee 
For depositing refuse, etc., along margin of Buffalo,Bayou. 
For discharging refuse oils, etc., into, etc., bayous.......... 
For filling} in, ete DAY OSS sao wae atte aisha Leer ns a 
For failure to register, etc., automobiles, etc.............. 
For failure to comply with certain Sections regulating au- 

TOMODTLES MECC» cat Meee ee RIE fe tee [oe EE ciel EMRE Re ROR Renate 
Hor refusal* by. Carriers toccanny Leck. keane. <li nana i taeneree 
For failure to have card showing rates) ete. . i010... .. 4 .s6 2 
For. failureof, passenger to pay Jegalfare- ce oehe sis eee eee 
For refusal of driver, etc., to carry passenger, etc......... 
For violation of Ordinances affecting carriers, where no 

other penalty <Drov ideas armenia i carcaehensrune eaters ne ictay aie ence anon ae 
HOrefavluresto Lcarry in Wadids. es, ceed oneeeaeeee Ameer cen ee 
For unlawfully soliciting custom, ete., at depots........... 
For violating Ordinances with reference to hack stands, etc. 
For failure, etc., to rebuild, etc., chimneys and flues....... 
For using soft coal, etc., under certain conditions..1........ 
For failure to provide smoke and soot consumers, etc...... 
For failure to comply with notice of City Hlectrician....... 
For violation of Ordinances as to electrical construction, etc. 
For violation of Chapter, ‘‘Electrical Department,’ where 

no-other penalty POLO VIGSCE rae cise cede Cree ewer eFy cae. chain. aes 
For. ‘altering, cte;e monuments, “StGigy sti). hye) ols a lavas ie enuneeiele 
For making certain improvements without permit......... 
For violation of Ordinances regulating laying out of subdi- 

VISIONS, LECCE Se ie PRE BG, le ae i ea ec ue eee te ieeee 
For failure to provide vaults, ete., for storage of moving 

PICTUTES HITS HES Pr oS a Teoh ea areue Sete etieel soe etoncie eeeepey elements eee 
For storing, etc., gasoline, etc., in violation of Ordinances... 
For storing, ete., calcium carbide in violation of Ordinance. 
For storing, etc., oil, etc., in violation of Ordinances....... 
For allowing’ oil to drip ;on asphalt streets fii. is siesta 


Section 


1341 (w) 


1341 (k) 
1341 (1) 


Index. 


xii 


ieee a ee tae ee ae Maw yee eg yeh oe iy a: Bite 
PENALTIES— (Continued) — 


For unlawfully storing, etc., gunpowder, etc....... Pi aa Ais 
For storing, etc., cotton in violation of Ordinances......... 
Momstoring boxées,ete,jin centain: places iii ey oly ses ok 
For occupying as dwellings, buildings used for storage of 

CALERA EL LOLOR aE kai Akh ore she dis. SOC AR ae ie ee ed lece Wie as 
For failure to abate nuisance condemned by Chief of Fire 


PL SETIGLE EAT OIE Cea at ee aoe bor a ee ae hes IS ee ie be 
For carelessly storing hay, ete Si WEEN aay GCOS CIMA Arana Ree 
HOP DUET trast *elGe iT! Streets Metenie aeons soe rales che 


For failure to comply with orders of Fire Department..... 
MOM Nitin oOieralarimMORaDAn et seas ant iecit desist ne ticas 


For failure to comply with provisions of Ordinances giving 
right of wey, etc, to, Fire Departmenty 26. Ces Soa 2a ee 
For interference with Fire Department.:.......:.3¢.22 ase 
For failure to obey subpoenas, etec., of Board of Harbor 
COMMS SI OMET Sate pute ween Carnes woctcnc te ck tone an nica reeh fee sa hy wk 
For failure to comply with Ordinances creating, etc., Har- 
DOPRDepartimemtipensare ts fads he eeiber oy ote keh cyocie eerie tel etosah uk dL atatiche 
HOrs CaUSINeyyeler nr aen WISH EG m art ats aig cre olaoetel orks s aie eanetiod hee 
MOT burtalti Meroe Se MOLE merchant vere or chon Seal oiataleketd eae 
MOVSSLAS Maris wart ein Me yaiece UG reat. as est biete ar etc hae mecae els 
HOTAPAIMSEEOASCELCEM. CUSLEGTI Str OLCiiias were a te aketens oat ele ears 
HMOPMal lives lOve tee RAS CbCH hs sale weetas 6 eich teic sul ei alcte bie wae 
HOPES UCIT SMO ST CLOW: cls aretrc ie: ce tlleteseie a alot Raceline ober pelcUaa etait 
For violation of Ordinances concerning stables............ 
For violation of Ordinances concerning barber shops....... 
For violation of Ordinances concerning garbage, etc....... 
For violation of Ordinances concerning removal by garbage 
GCOLLECEO Re, ere Mes EP eT ee ee eee OL betes Melt hae te 
For failure to pay fee for removing excess garbage........ 
For hauling slops between certain hours.................. 
For violation of Ordinances concerning swimming pools, etc. 
For violation of Ordinances concerning street cars, etc... 
For violation of Ordinances concerning sewer connections.. 
For violation of Ordinances concerning privies, etc........ 
For violation of Ordinances concerning removal of night 
SOMMCLCL Ee Ree ere Mea do Sinawetihe er ni Re eh cima eS ee ae thalien a «cee 
For failure to obey orders of City Scavenger. ..s......4... 
For violation by City Scavenger, etc., of Ordinance fixing 
hours=forkremoval of enightySouye Ctl. crac svt yc cie et ote Giken wuens 
For violation of Ordinances concerning registration by phy- 
SAC MAT NS oe UCR as toe oh 0) AISI LA eg rah GF ITA ANGER ce eon atte aR a evo toes 
For violation Ordinances concerning contagious diseases, etc. 
For failure to keep guard on premises where smallpox..... 
For failure of physician to report cases of contagious, etc., 
GiIseasestore Calth Ohl C6G aia. yes ais < ace aces Sheena Ghee ote eased ake 
For failure of hotel keepers, etc., to report cases of conta- 
gious, etc., diseases to Health Officer UR Pane A On tA eee Nee one aR 
For failure of persons infected, etc., with Eontagions dis- 
easesretcz ny tO-OpeY JH eal the OThiGeT ie hina ha ataralersolane & oiesenetes 
For violation of Ordinances regulating sale of milk, etc.. 
For violation of Ordinances regulating sanitary conditions, 
ete, OF milk, ete: <. 2. SOPOT ANS eth © FeAnsS Can eric io Glia Alay 
For violation of Ordinances requiring permit to manufac- 
CLIT ICSM eR OAT wets ieee een oye ole verre Weve aiat herd Rien tele? aay etietai's fe yen doer ots 
For violation of Ordinances requiring certificate of Health 
Officer to manufacture ice cream to be posted........... 
For violation of Ordinances regulating manufacture of ice 


GISELE Re MMe SE a he eet Mee, ard aba wey iO nsdal tata te he dk 
HOLCCALS MI Selo al NC ePOLSONI Crates scavepe yer dusasucnel ore ein eae co eacien® © 
For violation of Ordinances relating to pure food and drugs 
For failure of Heaith Officer, etc., to condemn meat, etc.. 
Horsabringine diseased, animalsvinto. City, etGir sa. os vata ee 
For violation of Ordinances regulating sanitary conditions, 

CLOL IO LOO se DLOGUWCUS 5.5, ace sre rn ein erate un cattr a the teens crete ele 
For violation of Ordinances regulating sanitary conditions, 

Cheat) aa TE Vee Ul © Pie LC aah <a) cds atl on Metaurs eaten antl wise, sei at castes). ate 
For violation of Ordinances regulating cold storage........ 
For removing, etc., milk, etc., tagged, etc., or adulterated, 

LTO 2 Pee Pal A Ba ri Bens poy aloe ah Sind COPIER Lay elt 2 aaa | en ORS Tae 
For bringing fresh meat, etc., into City without permit from 

ELE OLE GOLMAAL Se Se hela a tie RS eRe «ton hie ROROMERim oc aya hort 


Section 
298 
302 
304 


xliv Index. 


PENALTIES—(Continued)— Section 
For preventing Board of Health, etc., from entering build- 

INGO CLC Rare eet ee Fos ee Goat Ba NRT eh Olas ce Lames Be tak 567 
Forriailuresto report, birthsvandideaths.. ce eee ee ee 571 
For<failurestonmfile death certifi cater ip acaseianie cee eae ate eae 572 
For failure to require burial permit before interment, etc. .578-574 
For failure to fill out questions in death certificate......... ko 
For failure to keep certain records of vital statistics...... 584-586 
FOorsviolationsol WaborvOrdlivan Cesc sien ee eee cata oeaae 589 
For violation of Ordinances fixing market hours........... 601 
For unlawfully selling on streets, etc., abutting Market 

SQUAT Gi ere eS SS eee ee one Be crane oe en OR ene a tae ane wea 606 


For violating market regulations for cleaning, etc., fish.... 609 
For failure to comply with rules, etc., of Market Master... 635 


For violation of Ordinances regulating Market House, etc.. 638 
For violation of Ordinances requiring tnspection of country 
DFOdUCGE, “CTC eae COG eh eee gE Ane ta PEN eee) Beceael ROE ‘ 652 
For bringing vegetables, etc., into City in certain state.... 654 
For violation of certain rules, etc., relating to parks, etc... 660 
Mon bring ine tdoee sein Lospanrks, veuCriare tetas ia ts ce et iene arene 661 
Mor tethering, etc) cows, ete, in parks, <etei 24.0... wee Oe es 662 
Korsloun ging etesin DAVES teres tus cos he Neri eke eee ies 663 
For violation of Ordinances with reference to Federal Square 664 
For violation certain Sections for government of parks, etc. 681 
For tying animals, etc., to shade trees in parks, etc........ 683 
For sleeping on  CourteHouse Square ta. smn sre ke tee eerste 685 
For destroying, etc., trees, etc., in public grounds, etc...... 686 
For failure by pawnbrokers, etc., to comply with certain 
OTCINANCES: TAH AON Gia, SU iew stare ere eed iokaiea ebee ORG UR mons ere cha te ene Paeer 691 
For purchasing from minors, by pawnbrokers, etc......... 694 
For violation of certain Ordinances by junk dealers....... 705 
For failure, etc., to carry cases before Corporation Court... 765 
For failure of policemen, etc., to turn over certain fees.... rere 
Morvkeeping disorderly n@wsey we cere tre cei eas ee beeen 777 
HMorystrectawalkin Set Chusaucnue tet beole dete eee Seo AE eats poke 778 
Fore plyine Wvocatlonsoteprostituter ace cine cle ee cer eee 779 
For violation of certain Ordinances concerning prostitution 787 
Hor loitering. 6te})-in disorderlyshousers ©. o -ocoeere ete neces 788 
For violation of certain Ordinances concerning coffee 
TOUSES.) CL CUAR Os aia ote Mas ea te a See e te eMiege Rar ban CeO aUaE pecteieMae Tetons Coctha vas 791 
For falsely registering as husband and wife............... 792 
For a2ccompanyin2 fe wd nwi0 Miran. wena ein eect a eee 793 
For wearing indecent apparel, or lewd conduct............. 794 
Mor appearins-in publicuin*state Of nudity,: Ctce ew lite bonne 195 
Forsindecent exposure Of persone Goeicmde ie ech sncheroneione hemes 796 
Porseertain eruelty<to; animal Siac srt ee cee eee eee ene eae ee 797 
For bringing diseased animals into City..... eS, ). SRL OS by BLE eee 800 
For selling diseased {animals at auctione® . wiatci ase eer). ne sol 
Foreaselin ge native D1 Td Si. CCCs ertee tone seein meee de ene 802 
Mor catchinetwild= birds net ciiecatny- eee no aeee ene enepe net eee 804 
Kor. SivinentalsGcname Metric mecitege oucte ach seeks lenenetatcme mate emetic ere ie 809 
For peace officer in employ of City to receive, etc., false 
NAMIE; VSL, EER OR a eee cetiae aie a eae ates RC Ge ne ras Nea an ales 810 
Porshe ti Sans PUD C cae ene epee nets Oasis aslo ee ee iaelicte tie ta ae ae eae 811 
For disorderly conduct, etc, in public placey s+... 7... 22%... 8.12 
Horidischareine firearms 1WwAG tycoon keatoeie Eseries eee eae eee nen 814 
FOr -Simplerassa Lesa) Sue ehaissarcrcce le cis cates sae ahaa geen ota ee 826 
For causing arrest, etc., on frivolous, etc., charge......... 827 
For inciting; rescue or, resistance tO /arrest.). tastes. ese 828 
For. resisting, etc., an officer discharging his duty..i....... 829 
KMorsreltusine tocassist an Officer etc: umn sic iaei eee tece spat ae 830 
HOr.a1din Ss prsonmersvtolesCap ewes tes cantons eneactere ns A aie 831 
For-throwings water, GOnLetticetCni.. nce least ache neanc renee 832 
For: using Squawk ers ete ryentt ee. he einoree her isaac ee inne 833 
Hor injurins; et es Oui ldiniesame cen age ceeceee oie atenci erence eres 834 
For taking possession of dwelling house, etc., without per- 
TNESSIOM ‘5 ER he oa te RTA ERO ESN tots Os ere ere crete eae 835 
Mor Malicious mi Schieh, febG pe se eee ahs oe eee eet ean a aete 836 
Hortnlawfullysentering ttheatremete areueictssteceissherseheeine 837 
For loitering about premises, etc., of another.............. 838 
HOresuSpiClous INTRUSION, cUCr aie ieee eSiele ch cleo tease eiee a ite 839 
Mor sunla wi tlsintrusrons ronses eater cte ns tiered me derstelete hehe nee tenet eae 840 
For disturbing females in public assembly, etc............. 841 
Hor: Making "SO0-s00 eyes: (Glee taecae i ei rhe ie ates eee ee 842 
For disorderly conduct in public assemblies, etc........... 843 
Hor disturbing publics worship ete iiss soe ee eeeiiciee te 844 


Mor ssleeping*Onestrects; eters se anva aun private Sele eine een eee 845 


Index. 


PENALTIES—(Continued)— 


HMOTESD ED Hie tO OtyCLOSSLITE Sates Aline, a eoee aera her seete loi cer stetaiute te Pawel 
sHOrmumia wt tlly pla yaneomusice bya DATIGS felis) 2 ses eda beet ssc 
For conversation with prisoners from outside of prison.... 
MORE OL KIT SaOTUE UTICA Vawarienciire. skates ial ep eneschen ci Mare lebeceecnestncte at avec 
WOPSIOLS Cara elles CCl OMS UMGa yeevochaiecstris tials areheud ei okel ater e ieee 
MOGs OUT Se selCl~ Olle ULI C diy croc Aiapep sk ser ceeme mame eel aval eta dh sb ia 
MOrADETINICLINng SOAS, CLCer COLLUNKAL GAR Sem me clere) loresc ek: 4) 7 ole 
HOPMSEe DIN ap les CONMMOUSEs= LGR ats trace stot etonee che arabe el caere ne hr Maree e 
Morlallowing certain fowls: to.run-at large oye. dn fee ews 
For unlawfully displaying live stock for sale on streets... 
For allowing stabled animals to create disturbance, etc.... 
For using animals, etc., without consent of owner, etc..... 
For enticing person to bet, etc...... [Bettas sb etatialycaehat el CRte ES ere eee 
Ome SAIN NeW CO CATO SOL Glee lescne sa fgets cdaeeuenen. neers -tueh Step ep ete eek ate 
For violating Ordinances concerning policy games......... 
HOrEKGEDIN CLC DOO MEO ON eke sc cera baa ed eet eke 
Hoel Oberine,.et ce IM net Cre DOOLmOOMS archi octane) hao niee ie eceae 
For assisting, etc., in keeping, etc., pool rooms............ 
For furnishing, etc., to pool rooms, messages, etc.......... 
For permitting telegraph instruments, etc., in pool rooms.. 
For furnishing, etc., messages, etc., to pool rooms.......... 
For permitting telegraph wires, etc., to remain in pool 
TO OTMS ary ancestor ae tem gee te hae aca eK Coosa SNE ch Chis oases Fetes whee ae ake 
HOrepettin sony horsey racese OX CED Utear. a shat cisselets cl) bas leleoes aelab as 
For allowing State convicts to be employed in City, etc.... 
IHape jawcbaveri ty feet ceUDY CS GS Tea eer (Ca Wines 5 cro Bibted Gia Subbe. chee hob od Conia 
Hon bringin snnd1eentspDeCrsonswinioy OL sisyeeaco eke oes) talc tie cone 
For circus exhibiting between certain dates............... 
For collusion, ete., in bidding on public improvements..... 
MORN OPSCeraChn Sali Cl tyes feusc sa seessorsin; otccehakelien crviscetaisenet ein ah snail we 
HOnepréeakine 3h OESeSs ELGG: ON: STTECTSs ao casi, fics cles) hues ote tocer ca 
HOPG nimineee aeeler banoueiy: Oil yar stata.) arco igre elauck narelohen was « 
HOoLppallowminer dOSSetOiriil a tu lar ees CLG urs. sbeier dele cicesi sae len 
For allowing dog afflicted with mange to run at large, etc.. 
For tying’animals so they can get on sidewalks, etc....... 
For driving animals over bridge faster than walk......... 
For failure to comply with Ordinances in case of collision.. 
For driving through streets while intoxicated............. 
MoOrranriversetallins tor Keep -tOptneumio nt 015, os. sineee oo ne cls 
For riding bicycles at night, without lamp, etc............ 
MOrmewantOll ya Gall Sie COLLS1 OMe Ot Cri seme maid seer sesiole tt ys." tatresitelho\'s 
HOrISIOO Linge aAIrgeUnS, LeLC wa No GL Vir ech cies tee see ates aeetareho oie Wier s 
Momdisehar Sins LIMiISSLLESReLUC Gms lcke cid oat tetas hel eke adele evecare 
For carelessly using lights, ete., in stables, etc............ 
For-depositing ashes in or on “wood, etCi.. oie eee lee 
MOtmen Gan Serine. COCLOMs GUC ariocns Gites gate aeViomee cre. eiot Hal cont anet eue ls 
For refusing, etc., to remove dangerous structures, ate MRA: 
For leaving wells, elGe Open andy UNGOVELEC cack ensrelc cealeel oh 
Monmkeeping barbed wire LeEnCesirn. si. 245 Sicko ap ele. Sie over the ardl bere 
For possession of burglarious instruments, OUG Pes hs Gaara te le 
MOC ep eins xaeeran Deel Gah synchro o Rin mene ack calles ornits colin ale. etetsrenanane 2 
HOLE SeCDIN LAO Pils CES OTS hae mathe vere tine fe Petes cased Sitar eretetie “Aiahal s 
For renting premises for keeping opium resorts........... 
For throwing patent medicines in private yards, etc....... 
For failing to furnish information to Public Service Com- 
Dughgefsniloy Meters 2/5. en cee Om RRR BEAR Gc Ran Sa hr acerce REM Some Roe gea sem tanae 
For violating Ordinances in reference to Public Service 
Commissioner, where other penalty not provided........ 
For violating certain Ordinances concerning gas........... 
HOremMmed GlLings withtsas: DrODCELY tres es aot clo chee Wats ienenel cena eile 
HOMInGUnIiN SeeaAss DLOD ELEY wee cere eda rablstavchate: eeiceks, eve turers leceds te 
Horsintertepin ec rwith. Sas 2mMeEters wis ceaiee tus autie cdots coals eT a en aireste 
For making excessive charge, electric light................ 
For tampering with, etc., apparatus, etc., of Houston Light- 
ing and Power Company CTS Ma Mal eens dome ateeac el sea TSR Ek RUD otset ont 
For charging excessive tolls, etc., by telephone companies. 
For failure by telephone companies to file reports, etc..... 
For failure of railway company to provide flagmen, lights, 
CUCH Abe CLO SSIME SOL CHAN inte de ceeds me ole Re) iota es alas 
For blocking crossings exceeding five minutes............. 
For blocking crossings, etc., by locomotives, etc., exceeding 
Tabi a ob ORLY XeCh wen ae wNeae eee IPT RUE P EAE Ih iy Soloed sonore eanichr ct RP RAR ray tea ae 
For failure by railway companies to provide safeguards. 
For failure to maintain safeguards by railWways............ 
MPOmrunnine trains) on tracks: noteignhted;: €tcxe. 0 245.8. ee. 
For breach of certain Ordinances affecting railways........ 


Section 
846 
849 
850 
851 
853 
854 
855 


xly 


xlvi Index. 


PENALTIES— (Continued )— Section 
For. failure of railways to make certain repairs, etc....... ~ 1034 
For failure of railways to construct crossings over its road 10387 
For blowing whistles exceeding five seconds, except........ 1038 
For running locomotive exceeding six miles per hour...... 1039 
For permitting locomotive, etc., to run without lights, ete.. 1039 
For unlawfully using Commerce Avenue.:.............0.... 1040 
Kor failure: torclear certain crossings; tes oe. Mone eee on es 1044 
For selling, etc., railroad tickets without license from rail- 

TOA eRe oom, Sala a Mie aca oe eel OA Sale TCAs RR eT ae Rane ae ee 1045 
For failure to*show authority to sell tickets............... 1048 
For failure of M. K. & T. R. R. Co. of Texas to stop trains 

at Eroustom A VERWCYCrOSSIN © see eaten ae ee ee ee 1049 
For failure of engine to stop at Pinckney Street........... 1050 
Hor selling intoxicants To-minors vst as eis ee eee ie ee 1050a 
For minors obtaining Nquor, by GeGeption Jee ce ct ee eee eee 1051 
For aiding minors to obtain liquor by false statements..... 1052 
For loitering, etc., around saloons in residence districts.... 1054 
For permitting loitering, etc., around saloons in residence 

GiStricts:, Cte.ac 4c ee eee eee SE yatein je a tRte ED ote Gale hain ee 1055 
Hor: purchasin= Liquor wn-Sunday ieee ae ee ae eee 1057 
Kor drinkin es Hqu0r-in;ete; saloon! onsSundaye sak ae ee 1058 
Wor loitering ete, an satoon!ion Sunday—. eo. eee eee 1059 
For buying, etc., liquor between certain hours, etc......... 1062 
For €onducting saloon “without lieense ar a-e ee eee eee 1064 
For purchasing liquor at non-licensed saloon............ eve Lik oy 
For drinking liquor in, etc., non-licensed saloon............ 1068 
For congregating in, etc., non-licensed saloon............. 1069 
For conductins; saloon in. centain sdiStrich es: ta oa ee 1072 
Hor. sleepine in¢csaloon> GlCi. ace co eee een ee ee i en ee 10738 
For violating ‘“‘General Provisions’ of Article concerning 

Sewers, DlLUMbDINES: 6bC2 Fea Fara it Re eset ae ee er eae ae he 1093 

’ For laying lateral sewers, etc., without complying with 

Ordinances fe eee Ce See eee 5 Reh eee een eee A203 
For failure to provide two engineers for stationary engines, 

ete, Tun: day an Genie tee a oer ots dee ae ee eee ite Tae als 
For failure to have boilers tested before using............ cle ibe! 
For failure to have elevator inspected, ete.................- 1120 
For failure to have elevator repaired, etc., aS required by 

IRSPectOr = VE ols. 3 ab irl Ses sve ie Aaa ene eee ee Laine eae 124 
For making change in elevator without notifying Inspector 1123 
For constructing, ete., elevator without permit, etc........ 1124 
For serving as engineer of boilers, etc., without license.... 1131 
For failure of street railway to put down grooved girder 

TAUSISee vce Roe ae aay TES Shake Be CRS ti che ees Oe Reaeeegr ee 1138 
Hor, intertering with motorman: (Ctch ene et tee Cae 1142 
For jumping off; tees, “Street f6arSizcye a od cso es ee 1144 
For failure of street railway companies to comply with 

Certain; Ordinances oF. Vek ut cto a) cee eae ale eit enone 1149-50 
Hor failure. to-keep bridges, ‘ete., in repairs sec. eso ee ell oe 1153 
For monopolizing end: SEatsp (CtC aie es Bia ee eth s eienow bees 1156 
For failure to vestibule street cars between certain dates.. 1158 
For failure of street railway to provide separate compart- 

MOENES - AST 2 Sue SR ee a are a ee ds ee gee dod one he eee 1162 
For violation by passengers of separate compartment Ordi- 

NaAnCes eee ee Oa Rr athed PAE ae ee eee fis Sel ee iy) 
For running cars with siatewhGelsir sae ote ie ie 1168 
Kor, failure toswater. tracks: ho: spe set hie oe eee ee 1170 
For unauthorized persons to shift screens in street cars.... 1171 
For failure of Conductor to report persons shifting screens 1172 
For failure, etc; to remave from, seat ctes nis. naa soe ee ES 
For smoking on street cars in violation of Ordinaneces...... OE la 
HMor-cutting belts om Streeterailwa ys ose nik ckslotede ou. ta i coe 1179 
For violation of Ordinances concerning giving of transfers 

by sstreet t tail wWayss abs ec ark ea ae ee nae a aes 1185 
For failure to keep supplied a sufficient number of books of 

transfers, Cte: (22% Rb Ate ERA on ee ee eee eee 1185a 
For violation of Ordinances with reference to cuts and ex- 

CAVGLIONS:, -CLGl ass Herein ate ete eee oe Ne A A oe en Ra 1211 
Wor. digping holes jn Streets howe. dots ee eee Suse Bees 1215 
Kor: changing or altering sidewalks, (eles cick eee See 1231 
For violating certain provisions of Chapter 41, Art. 2, en- 

titled “Construction, Repairs eter cee. kk ee eee ee een ee 1222 
For telegraph, etc., company failing to keep deposit, etc... 1228 


For construction, etc., sidewalk, etc., different from order... 1231 
For violation of Ordinances providing for construction, etc., 
of csidewalks»¢te)sit nee Fe RO ee Dae ae ey ie hehe ys, aoohe ASD 


Index. xlvil 


PENALTIES— (Continued )— Section 
HOPI ne VUlLChe across Street. (tC. eek cit oes ce ee ete at 1238 
For unlawfully storing, etc., fruits, etc., on sidewalks..... 1238 
For permitting limbs, etc., of trees to be less than eight 

ECA AIO Wes LONE WELK Shes Sires Mev ack, toa ihe ae ree rang Ak Seite Pee 1241 
Bom maintaining TaLrines "On SId@walkso cote coe. ek a Clee eee 1242 
For running wheelbarrows, etc., on sidewalks............ ore 44 
For impeding passage of persons, etc., on streetS.......... 1245 
For endangering passage on Streets, etc.................. 1246 
KOmIGIn PS aetcw Or Sidewalks LLG is tac oe. ose. oc tei 1247 
For tying animals: to lamp: posts, ete... .5..: By air wipe 1248 
For removing material from, etc., streets..... Ns tee ROS ae be SD 
HOR Ati wile vant mals" GEC. across -dHeness : 2... ob ei ee Ste 1250 
HOLPOnuseLuctiie SIGGWaAlKS Wo Fa. Ge oo eee cog) aon SOR ete 1252 
For hitching, etc., horses, etc., on certain portions of cer- 

PAE SCE CE LSet) Hae ee eet pee ara ee gt eee cid' oS 
For violating Ordinances creating stands for hay wagons. 1255 
HOR erectines, celencs wiINnkine SifNS. Cte aes oa ae eek £257 
For violating Ordinances regulating advertising signs..... 1264 
For violating Ordinances regulating awnings, etc.......... 1268 
HOR IMaTLINe 1 OLex «POLES e tatters, AES Se a he ots Ne Deen ate Bs ct 1270 
MomevtO13.ti0On-Ol_ Article -entitled +“ POles”. 4. 47s ees eae 1273 
For placing, ete., advertising matter on poles............. 1279 
Morsviotationsor- Article entitied ““Polese oes. aoe. Sos ee 1284 
For violation of Ordinances regulating bill posting........ 1297 
For violation of Article entitled “Traffic, Street”’.......... 1305 
TAA 1 CULO SCC CLG tua A aciync tartare ohare ie ud ee tan. ce Syaiey bese 1308 
Morey. tines’ ef msuilicient width, -ete. 7.47 8s Fe ee. iS bot 
For hauling gravel, etc., in improper wagon............ me eee tS 
For violating certain Sections concerning streets, etc...... 1317 
For throwing stable manure, etc., on sidewalks, etc........ 1318 
Her tasteniMsshanarplliowet tC. tO. POlesnetGo. so. a secvias st ccs 1318 
Om MEOW he ied Si, wets GH SIG. GW Ql cic paints = alien esses SsPdc ote £321 
Hor Permitune paper: ere. tO-remain-in: Streets... get, wees ane 1321 
Hor conducting parades: -wilthoul permit so 26 we cee tie sea eee 1323 
For conducting circus parade between certain dates....... 1325 
For permitting water from hydrant on sidewalk, etc....... 1328 
MO tsaisSchiaTreimouwaterekrom, TOUT Ladi, “CLE. sce) se secs oa wie Slee oo % 


‘For violation Ordinances concerning sweeping of sidewalks 1332 
For violation of Ordinance regulating use of Stuart Ave- 


PELE Oe eee ae eee ee ea SN Paxiey at Choi sre, ahayicle’, over oft, e-a = ete 2 1333 
Hor removing landmarks: Street signs, .GtC ors <6 c1s2 she ae on load 
MoOnetat uteet On Payee OCU Da LiOllr TAX is fe a Soh erebseya cnc olor ators 1340a 
MOreLadlure LOU pOst.oceupation HGenSE< .ca.5 ccs roe aes been 1343 
For failure to post conspicuously occupation license....... 1344 
For failure to comply -with provisions with reference to Ab: 

CAI Sl Ch SC eUOAS OL elt MOE ae we ws ul elels ins, aun shals pl sielaccee ete te 1355 
For violation of Ordinances regulating Water Decketnoan Roan Yak 
MOE USL es wWalelye PurOUrhs f1Pe  DLUPS POCLG al. ere 'cs 5 3 lorelere ee ea eines 1457 
HOLM Ler LOLIN Say LEM a Wy BEC Ty IC LOTS cc iiesal'se 3) acts) urna Se suspeoe dc cue 1469 


For laying, etc., lateral water pipes without permit, etc... 1477 
For making connection with lateral water pipe without per- 


5 SED ia SERRE GE oe y= SAN Besa yan ae ae ae ae Gar eae a Rene earth B % jo wins Shp a 1478 
For use of weights and measures before stamped......... 1491 
For selling, etc., in quantities of less weight, etc., than 

te SOM (OC meteor eaten See con tek nary a ee eh hd tsa) Cook ivan en 1493 
For refusing to pay expense of re-weighing coal, etc...... 1508 
For selling, etc., fruits, etc., contrary to Chapter on weights 

EinaG ENGELS TEU rated AS AS Se ee eile Ai ain ee gr eee al ee aes See 1517 


For violation of Sec. 1518, with reference to certificates, etc. 1518 
For violation of provisions of Chapter entitled, “Weights 


ARG SMLEASIIT CS ee WieLe UG OCH ET Do toc. su wo <Bica see ome tet 4 £519 

For violation of Ordinances, where penalty not provided. 1526 
PERFUMERY— 

Unlawful to throw perfumery, etc., on persons, etc........ 832 

PERMITS— 

See Licenses. 

HOrsmowin gs. Priecure: Sh OWS sss sate fe ss clots ers chet at ere oneeot oss | 13 

HOLsruCE SresvanuspUDille-aINMNUSECM ONES Zs Oe cere Satie F fie nit she 2% 16 

HOra aS CO Pasar CLG of AP. aes alec aka oan ae crete ens 2 hae e cele ee he 34 

EOLECLGCLT Teale CORSTEUCLI OM CUCL AAS: Saleh 5 cereus t Rierc e ehubevorie © 192 

HP OnNEPECH OO Clo, Ol— DOLCE, CLOW Sc oe oe the oe cle ee ele ee ee oeks 204 

HODPLRLLW diye LPACKS Selo Boots oe ee ee NESS es ee eae 240 

Ee CY SREEINEDED LL TN cl Ate & eael Whe Pa Ae cane eae ce ek ee ech Soe eee wae ee 289 

HOLE DO WiLeTEe CECT. S oo cle Po oe ION Bee ake Ie ote ee Dadete kre 294 

CaS ieee Matches tary tenets hag Sa cna? a ene ee 299 


Hor eettoniw.. coe 2 


xl vill Index. 


PERMITS—Continued— 
For dairies, restaurants, bakeries, meat shuwps, and other 
businesses involving preparation, etc., of food........... 
Health Officer? may: erevVioke:.etCaiy wc acie nl aero eee aise 
Wor Sale Of silk Cl Cee eee ee ese ALO ec eran eine 
Dairyman, ete., twice convicted of selling watered milk, 
barreds-trom. holdine hima ier nie ore oieke taeee a eee tad te 
Hearing .on Tevocation) Of fOr daAITleS- eC Gay sweus ecletais ereme rele ere 
Temporary revocation Of, fOr Gaines, CU. tease cla nears ee 
For bringing fresh meat, poultry, fish, ice cream, or fresh 
meat or meat products, into City, or place where such 
_articles are produced, etc., or soda fountains, pop or other 
bottling factory, or other places where foods are pro- 
AU COGS -6t Gr yee chee ik Pi iwdece Sess aie Letieins Blears Faerie aah Ree Sees trnves carepeaotts 
Persons treating, etc., samples of milk or food taken by 
Health Officer?shali" pes ret used ve ets .sic teens aeeaiee een nee ns 
MOT DUPTIAISS Sets ees esse 5 ie area ae meee ad Ce hoc ea ee neem a RAD ecm 
Por holding meeting ete, Ins DaLkss CLs were nmertitercianme leas 
MOry SEWers,> DIUMDINE, WetCteceiseee de ten cwree cee wee Rete aceon ene te eee 
Hor turning .On water, me t Caper icyehe irae iia eagle eae ieie peieie 
For street railways, etc., to construct tracks, etc......... 
Bor Openings: ete In Streets) pet Mgrs che ete climes) tna Gun eee dens 


Kor laying. etCrmlatera le sewers melee ty gin sin a citi  Lestomenens 
Hor construction, etc. of Sidewalks etch era oobi ehbeeerae 
Por erection of AGVeLLISING Sle NS ee LCs rae oitieinyersnenehs Otte. 
HOP 2 AWOIN GS’ SUCh cise coches Bee oes eacnenet ana ceisler sisted eee y ey tuetrorce 
MOL POLES; SUC Bes macvetiontcs Tere ctoaste sche tome Picket al sie Pee Mene ea RSA eae 
Hor-erection Of billpbOardS Vel eres ct seus oie cca temaneneser iene Mee ae 
WOT DALAGES; KCL Cian. Kyotereo) cctelis ee verte hereto ett lencWeovs TOMES faa p alee etebc erie ten e 
Mor? turnin 2 O01 sWaAter seein cteante: oienerat eu norcue mete amar atom teenie 
For construction, etc., of lateral water pipes............... 
PERSONS— 


See Fire Department; Sanitary Inspectors; Swimming 
Pools and Natatoriums; Contagious Diseases; Infectious, 
etc., Diseases; Communicable Diseases; Libraries; Pla- 
ecards; Vital Statistics. 


PETROLEUM— 
See Explosives, Inflammables, ete. 


PIPEMEN— 
See Fire Department. 


’ PHONOGRAPHS— 
OCEUDSUTION “TAX LOM Va. j crcencene vaneearen tle ere bere kor tine eee TE cee agin 


PHYSICIANS— 

See Communicable Diseases; Contagious Diseases; Infec- 
tious, ete., Diseases; Dairies and Dairymen; Penalties; 
Vital Statistics. 

Shall register name, etc., with Health Officer............. 

Shall‘notify Health Officer of ichange of address... i570. 

Shall report to Board of Health patients with cholera, 
smallpox, diphtheria, typhus, typhoid, scarlet fever, 
measles, tuberculosis, varicella, whooping cough, epi- 
demic dysentery, trachoma, ophthalmia-neonatorum, epi- 
demic cerebro-spinal meningitis, pellagra, infantile par- 
alysis, hookworm, rabies, tetanus, pneumonia or other 
communica ble GISCASES: Mora Vow eisai eae orale Ratoca corte ceneee 

Shall give notice to Health Officer of infants or mothers 
whose eyes become inflamed, etc., within two weeks after 


DINE aie aha gate peep en reer ata per ee haat ate 2 oink Me nepeicuadaiene we ences : 


Shall notify Board of Health when patient with tubercu- 
losis—“moves: out’ of House ory apartment. sn. so eles cele noes, 
Shall report to Health Officer within three hours cases of 
pestilential, infectious or contagious diseases............ 
Shall report to Health Officer within six hours deaths from 
pestilential, infectious or contagious diseases........... 
Shall report immediately to Health Officer communicable 
diseases suspected to exist in family of dairyman, milk 
Gea ler CEOS cdots Oe: ae NLT Ree RE A EEE en Or ee oe 
Shall report to Health Officer births of children........... 
Shall fill out form of death certificate of persons attended, 
including-still Oi xchiswierss wae cress eee tae enone ae ee ieee ree 
Shall make record as to certain persons dying in hospitals 
from certain causes or under certain conditions 
Shall be made by, in charge and signed.................... 
Penalty for failing or refusing to keep such records, etc... 


eoe reese ene 


Section 


479 


Index. xlix 


— 


PIGEONS— 


Section 
Lniawrtectonmaintaim nouse, ton, CLGs a. co tote kh arch hee 866 
PIG PENS— 
See Board of Health. 
PIGS— : 
See Animals; Chief of Police; Public Pound. 
PINCKNEY STREET— 
See Railways. 
PIPES— 
See Sewers, Plumbing, etc.; Openings in Streets, etc.; 
Water Department. 
PISTOLS, TOY— 
OCCU ALO NECA Xa O Iie: ty caches seek ame peer se ty castes oo ehao eeehebueet ats 1341 (kK-k) 
PLACARDS— 
See Board of Health; Milk and Milk Products; Communica- 
ble Diseases; Contagious Diseases; Infectious, etc., Dis- 
eases. 
Board of Health shall cause to be placed in front of prem- 
ises where measles, Smallpox, scarlet fever, diphtheria, 
chickenpox, epidemic cerebro-spinal méningitis, or whoop- 
AIVORCOU Si ameay seer one) ake rte aibstestrou ts ete folic scopiet sy yee s Neen epee alas eink Ore 482 
When placed showing smallpox, scarlet fever, or diph- 
theria, who shall not enter premises. (52... a acl © sles ce 492 
PLAGUE— 


See Communicable Diseases; Contagious Diseases; Infec- 
tious, etc., Diseases: Food Products. 
PLANS— 
See Sewers, Plumbing, tc. 
PLA TTING— 
See Subdivisions. 


PLUMBING, ETC.— 
See Sewers, Plumbing, etc. 


PNEUMONIA— 
See Health. 


POLES— 
See City Electrician; Streets, Sidewalks, ete. 


POLICE CLERK— 


See Corporation Court; Clerk Corporation Court: Police 
Department. 


POLICE DEPARTMENT— 

See Policemen; Chief of Police; various Officers of. 

IPEALIONZOTIOM ICAP SOLO A: myc aien he theme anne, Gat tie gen ar cheats 706-72 

General provisiOns ,CONnCErMNIN Societe c eis alae ale dsp credan 725-17 

Private watchmen, etc 774-77 

Street railways to furnish members of, free transportation 118 

POLICEMEN— 

See Police Department; Chief of Police; Corporation Court; 
Sanitary Inspectors; Privies, Closets, Vaults, Cesspools, 
etc.; Vital Statistics; Animals; Public Pound; Public 
Schools; Railways; Traffic, Street; Taxes and Taxation. 


Seley Se 4) .0 LS lel let er sie, @ Korse Lele 6 16) suete: ele) (skier sie nel’, ies) ah > 


Shall keep record of dead bodies of certain persons........ 585 
Shall keep record as to certain injured persons............ 585 
Such records subject to production, etc., by request, etc... 585 
Mem perscOLpeOolicen Depart em triton muewaetiecerovecces testes aiicloneteleeetel one 707 
COSI] VSCOM EON KEY Ey yh PTA At BO ara eae rs Ree bir aa Taeh PREIS teri ars rae Der REE Bee 708 
Pte SCO Teas ite wa ere ey Le a ce Shae a Uae ately ed leds 706, 718-720 
MavOrEAUtLOnIZCGmtOs ap DOINtas Dp eCla lio. sca twtcrspeteis, ci eneee lens T21 
TEX ep aE REL CON ie ates ok Guakes RNS IE EO OI CeCMERTE MEAS Caen ore ip ache Tee an aay RE Ge 
Salaries oraGWatlOonsO Lee. cue h arose eh eniel siento Scie Stal eater teatee ame 724 
TROCLeport New OCCUPATIONS st Cue cies sais cites cheese ame a aes Al ote 725 
Shall require persons accusing another to accompany him 
TOSSED LIONS SL Cees ce aneralakecipiiors hecteach cette eiteta Pulchere cota Mote ant telah 728 
Sitallanotwleave nis: post, texCeD Us sarocwbe a ctctuteuens, stl akeronee inrty seeker ott 729 
Sabha erCOuLr coos a CuC a wepcrs vais, « cberenaebeacyad aunincre ie nevenaenaiel eke hehe 730 
Must prevent obstruction of sidewalks, etc................ 731 
INOtetOnLLl-US exp Prisoners wetCe cits ak eateles Mianheliterchas ist wimeLinaumih a 732 
Baton to be used only in emergencies, etc... .. 25. .06 0. es ws 734 
WonNduetON Certain StLCOts. a oniets ey cus tepeeniete.: oueetseaoeee eal Mah een aens WIS 
WitiRt NOt IRA V CoDOSts CLC. OX COD UH «tio oe Wier ede rain wits 736 
Must pay particular attention to public houses, etc........ Naeils 
MirstanotmeCOme OfL ended atc cticaps chase eke tice cyseevovacecwiaeteley ne bied « 738 


PUNO Mea SALLE ercvele or teteie, oa, iiemes Palette tees etsee eh wisps ots. os 73 


] Index. 


POLICEMEN—Continued— Section 
Shall notcenter ipublie-house, except teases ste ae ae eel ition 748 
May arrest suspicious persons at night, when............. 749 
Shall carry certain cases before Corporation Court........ 762 
Shall bring certain cases before Corporation Court........ 763 
Shall file complaints against persons arrested............. 764 
Shall not appropriate, etc., to his own use, certain fees, etc. 766 
Shall pay certain fees to Clerk of Corporation Court....... 767 
Shall make monthly statement of certain fees, etc......... 768 
Shall pervdismissed for tailure torcomiplys withysnee. see oe erin 
Duty of, with reference to searches, etc., for arms, etc...... Mie 
Authorized to Uncheckeanimals  wineney cqutres kis eee Rae 799 
Unlawful to knowingly receive, from prisoner, false name, 

LG, Seo Levtois Sespeicdties acai ace ol slr tea cba aeate iginteaiie ye raans |tcutcek motte ote Salle Peakaera curacy oe 807 
Unlawful to knowingly file charge under false name, etc... 808 
Duty. to -takesp GOSS. apee teen So. POD ete eae Beh eosin cata 908 
Disposition of does taken ip. co.ecG mike ne eee 910. 
When-shall;, delivery Cox Owaler censor caste maceriia haste et tear neta ete oi 
To kill dogs affected with certain diseases, etc............ 914 
Duty po kill“doss with, manee. wile. wt cee cheer hates eae 918 
Street railway to furnish free transportation........3.... 1188 
Dihy LO amMinarize Wit hetratrics OmG tt aiaGes ie eee aay eran eee 1302 (61) 


POLICH OFFICHRS— 
See Policemen; Public Schools; Private Watchmen; Rail- 


ways. 
POLICY GAME— 
Keepin et etG.; Ita WEL oot canes ee dein Clad nin sete sire ae eee eaee ee 877 
Chietrof Police:to take charge Of device eter see eee 878 
Unie ww Sto. purchaser tiekets; Met este ya oes a eee eae ee ate 879 
Unilawtiwl-totrent building »® ete. 2foriuas scree eta eee 880 
POLLS— 


See Elections. 
POOL ROOMS— 


Meaning oP itern’ srt Gal ae Gite oittaven cn ene teh eke Blea ee ee eta ene 883 
Unig wil torseen: “ete ry oie aac eee wate Bi tune, conae Sate ee 883 
Uniawinlstocloiter, ceterainn st bee ee, SR Oe eae 884 
Unlawtulto assist, ete;ein Keepin es, “eterna nei eee 885 
Uniawful to, furnish, etc..messages, etel eto. if. hse wes 886 
Permitting telegraph, etc., to remain in, etc., an offense.... 887 
Uniawtul to murnish .etc;imessares .etce ht Onna ssa epee eee 888 
Permitting telegraph, etc., to remain in, etc., an offense.... 889 
Unlawful to bet on horse races, except... eke eer EE eer erete oes 890 
POOL TABLES— | 
Occupation tax "fOn.e.s 2615 2.15 eee bichebataes ek Ie ene een, Seen ene 1341 
POSSESSION OF BURGLARIOUS INSTRUMENTS— 
TW rile Byrn, sine Rreiel eyes Soh, Bae As BEETS OEE 1a SRT eae a 938 
POTTER’S FIELD— ; 
Burial intprohibitedy: = i251, eh nie oe oer eatad iene een ne 422 
POULTRY— 
See Animals; Cold Storage; City Market; Permits; Inspec- 
tions. 
POUND— : 
See Public Pound. 
POW DER— 
See Explosives, Inflammables, ete. 
PRECINCTS— 


See Elections. 
PREFERENTIAL BALLOT— 

See Elections, Primary. 
PREMISES— 

See Placards; Milk and Milk Products; Ice Cream, Manu- 
facture, etc.;; Food Products; Contagious Diseases; Com- 
municable Diseases; Infectious, etc., Diseases; Inspec- 
tions; Fire Marshal; Loitering; Intrusions. 

PRIMA FACIE EVIDENCE— 
See Evidence. 
PRIMARY EBLECTIONS— 

See Elections, Primary. 

PRINCIPALS, THACHERS, ETC.— ; 

See Public Schools; Communicable Diseases; Contagious 
Diseases; Infectious, etc., Diseases; Supervisor of 
Hygiene; Vaccination. 


(h) 


Index. 


PRINCIPALS, TEACHERS, ETC.—Continued— Section 


Shall not permit child sick from cholera, smallpox, diph- 
theria, typhus, typhoid, scarlet fever, measles, tubercu- 
losis, varicella, whooping cough, epidemic dysentery, tra- 
choma, ophthalmia-neonatorum, epidemic cerebro- -spinal 
meningitis, pellagra, infantile paralysis, hookworm, 
rabies, tetanus, pneumonia, or other communicable dis- 

GUS Cer LORAEUCTIC 6S CLLO OL Aievere aco uitene re ana eEe nke s WenTRY ym he bie tere 488 

Shall not permit a child residing in a house where exists 
whooping cough, chickenpox, infantile paralysis, scarlet 
fever, diphtheria, smallpox, measles, or epidemic cerebro- 


SINAC OINeltist OC) attend SCHOOL ie sasocce ches See Ue 488 
PRISONERS— 

See Corporation Court; Chief of Police; Police Department. 
CU at ava OF Ei COIL VICLEE oa nia, hee Sete nldl ob Dey een ences wh glans 750 
Shall not be employed in conflict with pee LA DON eae Goes (51 
Shall be worked under supervision of Chief of Police...... [sy 
MORreGelvercreditatoOrm Works Cts aati else. le eee 753 
ReELuUSsine> TOPWwiOrk, StC., “howe DPUNISMEda saw eee iec 5 eee cee nee 764 
Os DeRSeCArChed: PetCuw. ttinse crite le Sal avcReRr primero Ropes MRS Rt As (Gast 
ATGIN a +10 CBCaA DE, ATi, OF CNSE any al, oie se ke oe es 831 
inlaid: DO LCOR Verse: Wath) WHE Mee. Ca ee eee ce ae 850 


PRIVATE POLICE— 
See Private Watchmen; Railways. 


PRIVATE SEWERS— 


Citvoenall Naverripnt to connect: Wilt oo iy.) scl wes as does 1083 

Mayinge OL lateral bys property OWNeLrs. ac. ccm Ga «a she acces 1094-1103 
PRIVATE WATCHMEN— 

APDOMtMCREE PO WelS ANG! GU LIES ys st a o's tersta tas a cle ele: atrebivw bua icelys 774 

Wiritvenea DpDlGatiOonalOorrappOlIntimeNnt ss ne ald sbe ec cerie otetcba el. Has 

INGESTOME CCCI VGH Sala EV Grr eres act tone are elegy Sole da ae UAE een Na ACE 776 

EU QUI Oct Ng oencnes Raut i en SOREN ci cae eek rah tion eanahh aic.od honour oni we reeds al 


PRIVATE VEHICLES— 
See Streets, Sidewalks, etc.; Vehicles; Traffic, Street. 


PRIVATES— 
See Fire Department. 
PRIVIES, VAULTS, CLOSETS, CESSPOOLS, ETC.— 
See Board of Health; Nuisances; Scavenger; Sewers, 
Plumbing, etc. 


Board of Health may make orders for cleaning, etc........ 472 
Maintenance of, except as provided by Ordinance, a nuisance 413 
Property owners to remove surface, when................ 460 
Buildings not connected with sewers, used as residences, 
EtCoreshall bee DRO VAM wil Cllrs vies eons hareed ence Riel ahtenet etal a> aceon eee 462 
Shaliiliave. watertight: boxes, ete oy eae es en PO Se 462 
Shall not be constructed within twenty feet of street, etc.. 463 
Shall not be constructed within three feet of party line.... 463 
Shall not be constructed within twenty-five feet of window, 
GEOMVOLTEL CS LOLCITC GE si tactas omer atatsie Wells ee ek Spanien eWel a scpia labetl hist ite eee: ha racemase otk 463 
Apartment, etc., houses shall have one for each family. 464 


Lodging houses, hotels, boarding houses, and buildings, 
where persons work or are employed, shall have one Seat, 


SUG erOTmedC Dalene DCHSOM Sis, « e-rettns ucts Or -el «Ueitenabee ri tienvewiss aie) asradehe 464 
Boxes OrerecepLacles, holding. GCADACLEY cc clades elle dhatelsmee & 464 
Old vaults, cesspools, or septic tanks shall not be connected 

VTA IAMES CUNGCT of Roh Seen hsrropsberactre or roae malbiaeius avi ah easter es ace habe A earls ces cceath ec te hae 466 
Disposition of vaults on premises having City water....... 466 
City Scavenger, etc., only to engage in cleaning............ 467 
HESS Of OLE Vs CAV CIVROTIG ce waes lal ail oyfonles Gaunt NS, etmiell ist insane ed evapo s 469 
Pen aleyeLORr MeLay aan Peyd 1S PCOS A tise atone subyehe leks lotta) lot Se staae lations: oeble °470 
PenaltvetOheial tar Ox FO Za ws een hyd, «tots bres es tiehat es wowed ce, acta eid bee 471 
City Scavenger shall notify parties to clean, etc........... 472 
Penakey. fOr ballLurey sete cOnCLed Naraonkatts, sila emveneh harantn te ape e 472 
Notice to clean may be given by Health Officer, etc........ 472 
Board of Health, etc., may enter and examine............ ; 474 
City Scavenger shall have the same power with reference 

EOsa Set Cal thy Ol COL Ob Cr sea..doeuee shel pe ce td dean ieee aha Dimes eee 476 
City Scavenger shall remove, etc., contents of, between 

a iale gn a OLOLUN AS ercah, SR te Ok aan} Eee eee PR ahs ira eee ch Babe Rakes oer fey 477 

PRODUCE— 
See Market House, etc.; Market Master; Weights and 

Measures. 

PROPERT Y— 


See Taxes and Taxation; Public Peace and Order. 
46 


lii Index. 


PROPERTY, RIGHT TO DESTROY— Section 
See Health Officer; Chief of Police; Chief of Fire Depart- 
ment; Fire Department. 
PROPERTY LINE— 
See City Engineer; Privies, Vaults, Closets, Cesspools, ete. 
PROPERTY OWNER— 
See Privies, Vaults, Closets, Cesspools, etc.; Nuisances; 
Taxes and Taxation. 


PROSTITU TES— 
See Public Morals and Decency; Prostitution. 
Ply iis. VOCATIONS Ofte PTV a vyctiUlll emesis nee reer hee a eee pee tenor te ae 7749 
Unlawful for, to occupy, etc., any house, etc., without cer- 

ET PATTIES Wea lis Saas ee ee aR RO eis Ea Se ee Tanke Se UPS ee re oN ee ie airs 780 
Uniawtul torent etceuhouses Cte toy, is ioamite eee eee rere re 781 
Not-to Sstand:on sidewalks, etc; when... .. 2.25 cceetne 782 
Uniawful-toWfrequent coffes Nouses, Nete.t. 5... caauispe isl emeti ees 783-789 
Unlawful for proprietor to permit to frequent, etc........ 790 
ACCOMPANY INS VEtey, “An FOMmenSe soi s.0) he ister chs ese aoe ese ot sen one he f)s’ 
Unlawtvl ton wandervapoute-etGs. sis sore wie Slo eiaralteee eis T7T8 

PROSTITUTION— 
See Public Morals and Decency; Prostitutes. 
Uniawtul stoncarcy On sWOUsenOt mete cyte sucuree wisn ranneee 784 
Mayor may order occupants of house of, to move.......... 785 
Mayor and) Council imay ‘closevhouSe Ob a ianieseicpesche ste teteeeiene 786 
Unlawtulstostoiter Sete se inshnouSesoteyr. cis che tueeteee eae ae 788 


PUBLIC CARRIERS— 

See Carriers; Street Railways. 
PUBLIC CONVEYANCES— 

See Carriers; Street Railways; Interurban Railways: Nuis- 

ances; Traffic, Street, 

PUBLIC DANCES— 

See Amusements; Permits. 
PUBLIC FUNERALS— 

See Burials; Contagious Diseases. 
PUBLIC HEALTH— 

See Health. 
PUBLIC HOUSE— 

See Gaming. 
PUBLIC LIBRARY— 

See Library. 
PUBLIC MEETINGS— 

See Parks, etc. 


PUBLIC MESSENGER COMPANIES— 
See Pool Rooms. 
PUBLIC MORALS AND DECENCY— 


Keeping disorderly house, an offense... .......i 2.0. ...5 5 As Arend 
Unlawful for prostitute, etc., to wander about, etc........ 778 
Unlawful for prostitute, etc., to ply, etc., vocation......... 179 
Unlawful for prostitute, etc., to occupy, ete., any house, etc. 

with out .Gerntain sim CSye ese ae eat ones Aeeicae LSiccir, eee aes 780 
Unlawful to rent, etc., house, etc., for immoral purposes.. 781 
Public prostitutes, ete., standing on sidewalks, etc., an 

OFFENSO. 1h BRE eee sue ele ce RE aoe ts Ba ee SED Lean EC aT pees in asi 
Unlawful for lewd woman,-etc., to frequent coffee houses, 

CLGER SAS Bae elp boc ie ere Mile eee re aete etavetenet elements RicMaclorcsat ee iahe eheter 783 
Unlawful to.carry on assignation NhOUSE,. GLC) c.jis1e scien. vie 784 
Unlawful to loiter, etc., in disorderly houses, ete.......... 788 
Unlawful for prostitute, etc., to eat in coffee house, etc.... | 789 
Unlawful for proprietor of coffee house, etc., to permit lewd 

WONITATYSCUCRELO AT CCONLCTIUR. sera iuevi-paach- ates cl monee aster at onauste te Sea 790 
Unlawful to falsely register as husband and wife.......... 792 
ACCOMPAn Vine] PLrostitu te. an OLkenSGscente ane ei sicbet leven creme 793 
Wearing indecent apparel on street, etc., an offense........ 794 
Standing, etc., at door, etc., in indecent position, etc., an 

OLLENSES HER once Wea N tees ee eek Se hoon e seta eT Pan RE AT Boh ge beeen 794 
Public appearance in state of nudity, etc., an offense....... 795 
Indecent exposure of person, etc., an offense.............. 796 
Overloading, abusing, high checking of animals, etc., an 

ON 9 M2) ANS |S URERAIS IR ERE NEA CSOT et ARENT RO BAN fh Winter MANDAN aw SAU AA Un ek (te hla ly 797 
Crucity, LO “aniLMal strate cnccl tele eres eee oe Oe ea eae 798 
Bringing, diseasedranimals*into-C it yee iis ate ene te ee ore 800 
Selling diseased animals at auction, an offense............ 801 


Uniawtnl torsellnativ ex bind sien uccicea be eacaeke ete ei ee eee 802 


Index. 

PUBLIC MORALS AND DECENCY—Continued— Section 
Cimleiwruls con Catchim walls Dindsice secaichudttere cred others bere to ek als avon. 803 
Unlawful for arrested persons, etce., to give assumed, etc., 

TVA TIVOS Ta terctapsr cs Peeler ol teleee Mats Mita eta keosts ath Sea Sa rath ahes Mieke gh 8S Sale sole 805 
Unlawful for arrested persons, etc., to give false, etc., resi- 

OTL COLES prc berancette ce sicnh moms chal drome smavEnee aks sick ap ater d: Matava alate, at he yet « 806 
Unlawful for peace officer to receive false name, etc...... 807 
Unlawful for peace officer to file charge under false name.. SOR 

PUBLIC PEACE AND ORDER— 

Mrentineaine publics Dla Ceysa MO en S Cresta iy tal alesis cone eet elves oe 811 
Disorderly conduct in public place, etc., an offense......... $12 
Dischancince firearms, inh Cityey ane OTLenS Gs sk. oe Hel. ain «lee alt sbals 814 
SIT MheMmASS UMUC parece es te hess celine date AM ed eh agice otc ahs ic a levied Suatla. «satis are Ae 826 
Causing arrest on frivolous charge, ete., an offense......... 827 
Inciting’ rescue or resistance to arrest, an offense......... 828 
ReESiStinometCaran OLLGer many O1LCMS Oleic srs aie este! oust ov eyetelln, aicilet stane 829 
Refusing to, assist am Officers an OffenSG. 4 oss wee ee ols ho ws oe 830 
Alding’ prisoners to escape, am) OffeEnSer. 4. 0. 6% wells © atelel ete 831 
WUnlawtule tor throwe waterecOnrettinsetGne.-w. dss ete see eee 832 
Unlawtuletor use Sua whkersy Gt Gaksnanesiecnte successes chevcnas ets ohees 833 
injuring, etchsbuildingsyete., an offenses. .n%. 6 eek. 2 cio cle slate 834 
Taking possession of property without permission, an offense 835 
Maliclious® mischiefytetem amo fenSehion sida mers seb eee orn sonen es 836 
Uniawihinllyaemtenins theatres Orc aise -c 4 atone! ee cher ae Sle 837 
Loitering about premises of another, an offense............ 838 
SUSPICIOUS MClLel winitLrUStOnSssan OfFENSEN. . <sei c we che ores ale che 839 
Urnla wile nitrous Ons a etCss al OL eMS Gras pee wis hi aise ace ost eo seers 840 
Disturbing females in public assembly, an offense......... S41 
Making ‘“‘goo-goo eyes,”’ etc., at females, an offense........ 842 
Disorderly conduct in public assemblies, an offense........ 843 
Disturbine=pubMesworshipeetGsn atm) OffeN Sins sieve sin vere sucrst 844 
Sleepins upon streets, -etc:, an Offense... 6.3... s ae eo ee ole 845 
SPLiIMCySt LOOtSeChOSSiNn eS Ss Ans OtreNS Seinen stereo) cosas lc etedelens).<c ores 846 
Certain bands of music prohibited from playing on streets 847 
Unlawful to converse with City prisoners, when.......... 850 
VVOEKITT SH OMe SI avap alimOlee ll SC Myr ncceatar tie is aioe afer as cue eMelisee 851 
Florsesracing. etc. on Sunday, anvome»nSe@s © oi). ceavcl cals ss uebans 853 
Sevlimeetven Ones UMGany cll O ft CINS Ciacetta val stasis lies sialins cove atone ¢ 854 
Permittins 20ats, etc, to.run at laree, an Offense wy. ose oss. 855 
Animals prohibited from running at. large, where:...... ..- 858 
IPCLIMILLOMLO te slOunUMeain abe err said we nent n, ariel tat kwat a. sede w & 859 
Provisions with reference to Public Pound..............%. 860-865 
eka Wahl atOs Kee pr PIs COS 6k Crpmies anata! s0.coehs sone sh cle sokctes see ice ate a 866 
Unlawful to permit certain fowls to run at large.......... 867 
Unlawful to display for sale on streets, live stock......... 868 
Unlawful for stabled animals to make disturbance....... 869 
Provisions with reference to wounded animals..... Pte oS 870, 871 
Using animals, etc., without consent of owner, etc, an 

OLCILS Coma he nacre oe itana reall Re eis a Naa pea sstinnca GAM Maneie Tenchi ams, See et em cho 872 

PUBLIC POLICY— 

Mnticines persons: tOu Det. CtCsamy OLLeENnS@e way5e nude ache etcatelee ls 873 
CGaniimeu with. Gardsm anlmOtTren Srv. gente aeem onset aera seehtee ene e. het 874 
Umnilawe Ul tOurkeepe etGy DOlLICYs 2 All Giaicau sr.to thence wee en cLeitieee « 877 
Unlawful to purchase, etc., tickets, etc., in policy game.... 879 
Unlawful to rent, etc., building, etc., for policy game....... 880 
Wirlawcil ato mcecen met Cr POOL TOOT: css atiecekdeha ta sac el ete ocene 883 
Unilawtuleto- loiter etc...in, etc.) po0Ol) room Monit. terse eat te 884 
Unlawful to assist, etc., in keeping, etc., pool room........ 885 
Unlawful to furnish, etc., to pool rooms, messages......... 886 
Permitting telegraph, etc., in pool rooms, an offense........ 887 
Unlawful to furnish, etc., messages to pool rooms......... 888 
Permitting telegraph, etc., in pool rooms, an offense....... 889 
UnmtawLluletoroe Ol Norse: races AexCeDU distancia bes xe 890 
Employing State convicts on public work, an offense....... 891 
Knowingly bringing paupers into City, an offense.......... $92 
Common carriers prohibited from bringing indigent persons 

AT COREG UL Veer ae er awe aay cae sake onatiete: ties hake acta Moke Hebei a hoe 893 
Circuses prohibited between certain dates................ 896 
Unlawful to collude, etc., in bidding on public improve- 

TELGTLL See ee eee ohare ce ieiay ict hc Mh Naber ot Seana. dean Meat Site Cane AUN oe cie hiace athe 899 

PUBLIC SAFETY— 

Morsavacine in Citys an, offense. 6. bcd ce ae late Rats wae» ot 903 
Breakinecehorses, etc, con streets, ane onrensey. ss clacigeie% Hime. e 904 
Unilawt wh to: drive: cattle} ete sithrowehi Citys. 423. fobs 2. tes. of 905 
Onilaw ill: fOmedO2 SCO DEG at lare es stetnsey cose tera lokaretole chalciarene are ore 907 


liil 


liv Index. 


PUBLIC SAFETY—Continued— Section 

Provisions with reference to taking up dogs, licenses, dis- 

DOSICION MECC e aiaisterele wile clea tote conobd ea teusteth Yo farting Wate Belts iota hoh teres 908-914 
Unlawful for dogs with mange to run at large......... 5 Par | 916 
Duty. of police.with reference tO; oa. se see ee re 918 
Staking, etc., animals so that they may get on sidewalks, 

Ot CraM OLLCTISE. Fe sak. mon te Neon erect Ue do Naliette fe crite oper ape fe ete te cers Meets Toneee nate 920 
Driving, etc., animals over bridges faster than a walk, an 

ab b= ONT eVRaey AR ARR canes iy A rey anon yh TacteenG OR NS Ie) cats ote cubten ghee 2 921 
Duty of drivers, etc., in case of collision, ebadtesr van okey 922 
Unlawful for intoxicated driver: LOVETIVe teks petitions 923 
Riders of bicycles at nizht-to nave Tamp, techs vicu ne). 6 se 926 
Wantonly. causing collision,;} an offense. ~ 2 )..0.)) spi aise boo 928 
Shootins air Suns, sete an Ol OU Se mir penne cele totems tetateer votes ieliciie 929 
Discharging missiles; ete. Wan jOmenSe yi 1 eins ieee ees Eee veteters 930 
Carelessly using lights, etc.;-in stables, etc., an offense.... 931 


Depositing ashes in wooden receptacles, ete., an offense.... 932 
Carrying burning coal, etc., into warehouse, etc., an offense 933 
Refusing, etce., to remove dangerous structures, etc., an 


OTLERSCr He: © C Ridlatreraielc ere eee ew ete chorale iE Aies iat-p eceeae Sheer eh a eee et sila 934 
Leaving wells, étc.,“open, an, Offensew 2). yeni. eae le ow 9 tre 935 
Barbed wire: Lences sprohibived ae se swis cte aloncisle wide ones sasme sonpene 936 
Possessing burglarious instruments, etc., an offense....... 938 
Persons over 16, found begging, etc., tramps, and punish- 

BOLO ts tn ROS TG Rew ec ela terete We sate obec het nana oeiee ete Te ROR aoa Cae ee 939 
Unlawfuk to keep a house, etc., for purpose of smoking 

OpitiwiM; — Cle CFs AR ard cae ah akettol apeeeth etn) exe Rie PoE Rae 940 
Renting,. etc., houses, etc., for smoking, etc., opium, an 

OfLENSE 4 SER a A ee REE Ee ee 941 


Throwing patent medicines, etc., into yards, etc., an offense 941a 
PUBLIC PARKS— 
See Parks, etc. 


PUBLIC PLACE—~ 
See Definitions. 


PUBLIC POLICE— 
See Policemen. 


PUBLIC POUND— : 
See, Animals; Chief of. Police; Public Peace and Order; 


Public Safety. . 
Goats, hogs, ete., not permitted to run at large............ 855 
Chief of“Police may (destroy; when.) on oe oe ee eee 856 
Stock limits established; certain animals prohibited from 
PUNBDIN SA Oh Lar eS Ca ees: Cau Nene oh ate Oh ke nana tees tensa aetate tate eames 858 
Definition rot.“ toOsrainmect plate aamee scare ncaa on ean: Pe eae 859 
Chief of Police shall establish....... A ikea oe Meme debe mere Nee ere: 860 
Chief of Police. shall cause certain animals to be im- 
POWDER A ee REL ae ee, Meee RE cr RRR aS GnOe He eet one ea Oe 860 
Impounded animals shall be sold at public auction......... 860 
Method of redeeming impounded animals.................. : 861 
Impounded animals, not sold, shall be killed.............. 862 
Only: policemen yshall Vinipounds >.<... eee ee ee eee 864 
Driving animals into stock limits, an offense, when........ 864 
Disposition of aes received from sale of impounded A 
ENEMAS 24 oe aie aR Ee eas Eten a ee Te ea ee ae 865 
Unlawful for Gees LOPTUNCAL Tare eset: ee het ne eae 907 
Chief of Policeyshallitake: upradors: sa ee en ee ee ee 908 
Disposition jof -dersiitaken simp or aie ee eee eee Meee 910 
When dogs taken up shall be delivered to owner.......... 911 
Dogs impounded, not redeemed, to be sold................. 912 
Dogs, not redeemed, ‘etc. to be killed). 0.2.20. 2S. 913 
Dogs affected with hydrophobia, etc., to be killed, when. 914 
Dogesewith manee; “to she killed say ne oe ee ie Sa ane 918 
Disposition of moneys collected for licenses for dogs...,... 919 


PUBLIC -PROSTLITWLION—— 
See Prostitutes; Prostitution; Lewd Women; Assignation 


Houses. 
PUBLIC SCHOOLS— 

Création. of Advisory. Board to, Trustees... pesca 942 
Powers and duties<of-. Board ©. 2h nie eee eae 942 
hy. meneriaenenre of -meémberss contracts (icp ewiaetine cnet ee 9438 
Ppointment Of, Board asics scence eee ee ee 944 
Term*#6f office; removal. usdesoes Oe eee ke eee ee 945 
Public school houses, etc., under control of City......... Raia 946 


Duties;and powers of School Trustees: .)...........66.8% 947 


Index. 

PUBLIC SCHOOLS—Continued— Section 
AAGIION ALE DOWeErS| JCCE_ VOL MERUStGGSis oe ac choles atace eter’ cue 0 ean atle te 948 
Trustees shall employ teachers by written contract...... 949 
Teachers must present certificate of character..... Ae: ae 950 
Board of Examiners to issue certificate of competency..... 35 
PREACHELCSEULO MT CON EL COOLEY sch. wit noise enone Ree tithere cdl ios etioks arate tae ei cine 952 
SCHOLES biG Cai yiSaacecdier yele vert oces nc etit et ake eve een te cael cea basi eta at's vie 953 
SCIONS tl CHCA ae gral pistes cor cusy x eceg Manresa sc Salle eseilel ot Mes fon eeliee sles 954 
PCUOlLAStiCMaet Onn CUCs tt dae rere slersitercberet are toe hoieenatae cbche se. Str oneid 955 
DLS OV. reel) ae UENCE AL Carson cor rear eieiels ih ateitay si sto svas/ Pua e bares v. Ghore ls 956 
BTaAnCHe se Ona S ULC yee, sitcmeskaet aierettreie a hekine atiele: cooiahons Gr andie cl cseers 957, 
SupemincendentrotyPUbDIiG SCHOOLS! gucnits spate Roc clehslclg teaicts sie ene 958 
Salar want Olm SLE CIM ECMC CMitye pe Weigel Sound reverie. a oes ether si icoein es 959 
DMEVE Ot SU DEEL GIG Crt eran te: of soy ial tame teeta a veel fuer ehe ste sue ares 960 
SOhO OMT LIL Cima Mencatheue Raed timer tae t ere as inte y Wate ails. %: witche & » Guale elepahe 961 
DOA ONS es LObM pales OLNSCILOO Wh Lin (lusmesewstcae siscomes ce stst see ove aka 962 
PAVE Up Oty S stk vl LOS yada teotea pores ey et hehe etches ellie Bek ekoha Se eek chs See 963 
BOnG’ OL... Peaster ror sehool ind dais au hie wens hv stael @ hele. 6 oaks 964 
Janitors of, vested with police power, when and where..... 965 
OWLS O by yj AN EGOS ness raya dt Aire eb ey eodeet slater icisiacecen ie ane 966 
NOMA CCTETON ale sail arya teueeen cea ares atin ied tree ye cree Aer oust enero a eee 967 

INOW ON) Bee ROC ULE ict dea odales vies ch are fy 4 gNes ea oT wo, 0 oh aye higagstegas cas wes taphed 968 

Principals, etc., shall not permit children sick from certain 
CISCASES LOMA end SehO Ol: Vermeer erne ie lus Ris cla ala omeuatens 488 

Principals, etc., shall not permit child residing in house 
where certain diseases to attend school................ : 488 


PUBLIC SERVICH COMMISSIONER— , 
See Public Utilities; Gas; Electric Light and Power; Tele- 
phones; Purchasing Agent. 


SECAMOMeOreOte lee we Cr. rae characte et snotaiah oa sae ee heed ie hc mona bbe 969 
PO WiGl Sarert Ct © COUN BOSS fete ere A ore Tah . WORN 9c, elie i oo ahela oe 970 
To: investigate refusals. Of Service; etCy i. stew sioa oo « shied 
hOmKCODmLreCOLd nO tmImelErss CTESLEC tere mien ttorendionden eos css spe 972 
Officers of corporations charged with performance of duties 
DIACEASILPONRCOLPORA LION Gcses siaren hon sverals nee is sochet eto eter satel seals « 973 


PUBLIC SERVICE CORPORATIONS— = 
See Gas; Electric Light’ and Power; Telephones; Street 
Railways; Interurbans;, Railways; Telegraphs; Public 
Utilities; Public Service Commissioner; Corporations. 
Duties imposed upon, also imposed upon their manager, etc. 9738 
Penalty for violating Chapter on:Publie Utilities..... wou Cains 973 
PUBLIC SPHECH— 
See Parks, etc. 


PUBLIC UTILITIES— 
See Public Service Corporations; Public Service Commis- 


sioner; Gas; Electric Light and Power; Telephones; 
Street Railways; Interurbanst Railways; Telegraphs, 
Public Service Commissioner...... ee nikee Serr Ma cenke Mun thal Pee 969-973 
CSA Tee A SIRE che, We ceas anal mot sPel dahl in, laa oc cEe! wile STWR eaual Th doe Sd @ pinks 974-982 
POLCCLE LCE SH ERAN OG OW Lec ae eo otecein tel sas cekede httel titan aa ereahs eeeer es « 983-988 
NOL EPHOMES Mere eey sistas Me Seek tele ees Rencaly Ware) ale tatets eleresel arty ates. ars 989-1002 


PUBLIC WORK— 
See Labor; Collusion. 


PUBLIC WORSHIP— : 
DS OU Lem Odette: OLL CIUSC are: siensotes ct clear ss. 0) dis. sua) a's) opis Poem tne R44 


PURCHASES— \ . ‘ 
See Purchasing Meant: Saloons, etc. 


PURCHASING AGENT— 


Cr eatiOne Ot motel COmet Cres a .terhi isha slevsuelsr sve neva ta sien + eek eb al alte: ics) ea.3 1003 
DUCE CS LO Pale Ppa eaten seh ore ken ty ol's ten eater el op tae ae," oni) bites, taica! ANG, Yorke 1004 
Site oa Sse DOM ere UST CLO Sisi, ieee mx ctet aici slrnebal anal aan ever stele tone artic 1004 
met re acting on requisitions, shall inform himself as to ' 
AVRO D ELA tOT MGC LCS te, eeetel tne. tee ontyra etre enasiekeyahelie (A cae can Meare, ar atah eee 1005 
May establish rules, etc., for transaction of business....-.. 1006 
, Shall be ex-officio Public Service Commissioner during va- 

RGAE a Tie tet Ce OUT O Ci-9 feteledia nu an aveupianarises) teatisy rete teleriaces cok imaahava: eaeihe te Wee 1007 
Restrictions upon interest, etc., by, in contracts, etc......% 1008 


SOE SER” EEL T SNS ere eb tees Seo ala cies ve. 1009 


PURE FOOD AND DRUGS— 
See Health Officer; City Chemist and Bacteriologist; Sani- 
tary Inspectors. 5 
Manufacture, possession, etec., of adulterated or misbranded, 
DEOMI DICE digas etree Te eh ia Le? eM rete epithe Ll ate k 528 


lv 


lvi 


Index. 


PURE FOOD AND DRUGS—Continued— Section 
Articles deemed adulterated, when+........... the oem Meccataems 529 
Deemed adulterated snntcase of driuesh ae tne ee ee ee 529°-(a) 
Deemed adulterated in case of confectionery.............. 529 (b) 
Deemed adulterated tin case or4lood pape eei ee. eee 529 (c) 
Terms filtity’ deemed: tortap ply. wienweccrers ieee 529: €e) 
Lerm “misbranded:? applies: fto, wheat. tae een ee 8 eee eee aa 530 
Articles) deemed imishbranded,] whens... eee ee 531 
Deemed misbrandediin: Case Of druesimnaiose ce oe bee eee bal (a) 
Deemed mishbranded., in scacse Of stoOod sa ik kee eee 531 (hb) 
Manufacture, sale, etc., of food to which has been added 

formaldehyde, etc. esprohibited supe eee ae ee 532 
Sale, etc., of unwholesome, etc., milk, etc., prohibited....... 533 
Sale, etc., of milk, etc., from cows where infectious disease, 

ete. prohibited -.4.).: Ae. Wie Risite eeevie bak Se bona ane Dae Ca Tats ee dos 
Skinrmilk; provisions concerning > ihe <n te eere e  ee 533. 
When: dealer. shalb not: bexprosecuted 5... caren eee eee 534 
Duty of certain officers to investigate, etc., and prose- 

CUTE CE CEG Shak Rid er eal ee ctOtae  e te Agee ae Ce Va lana Bea gene 53D 
POWERS NOLTMOIMICEr Se ee ai mis tole meek Rise tel erent eae tee tee N33) 
Samples of, “may tb evtakenwe gic. sles ate aiege eEIee ee SiR Ct hcla eats Doo 
Standards \AGdOpDted ty wevswe ccc eke ett ho ears SOE eA a 535 
Method SiO fea DALY SISA wc eee Dee Lee ate reat en ek ne erage 535 
Officers not required to give certificates of purity. ....... 536 
Annual report of City Chemist and Bacteriologist.......... Dou 
Authority of Health Officer, etc., to condemn, ete......... 539 
General penalty for violations of pure food and drug Ar- 

CLOT Ge aR Re a a eee CER GE E)e E TG aR oe oe ee: ee 538 
Penalty for failure of Health Officer, etc., to perform duty 539 
Diseased animals not to be brought into City............ : 540 
Offer, etc., of diseased animals, etc., prohibited......... aiehte 440 

Q@ 

QUARANTINE— 

See Board of Health. 

QUARANTINE OFFICER— 
Member, ot Health sDepartniemts wyaciacm mice ie oie 369 
Creations O£6OTH GE ind nets Gn ook aeieae oid ne ee ESOC ele aE seen 370 
TIUTISS HOR iis ene ta Nea AU eco een tine eater eee ke TRAC Da ae ines watiehe Bile 
Salary: vO figs tadtena raskeketete sed ch bens on tee eolavee: weeks Eel eae eacete es seheare 383 

R 

RABIES— 
See Animals; Physicians; Communicable Diseases, 

RAILINGS— 
See Sidewalks. 

RAILROAD TICKETS— 
See Railways. 

RAILWAYS— 
See Indigent Persons; Street Crossings; Streets, Sidewalks, 

etc.; Carriers; Engineering Department; Harbor Depart- 

ment; Street Railways. 

Shall keep flagsmen at) puble CroSsSimSSeiieges ie ete eels tone 1010 
Shall maintain electric Wiehtssat CrOS SiMe Sree cel eines eaten sa acne ea 
Penalty for failurestomcom pl y swaithea.DOWV.Cticrcrieencians: enamels 1012 
Unlawful for yardmaster, ete., to block crossings longer 

than. five Minwutles . Say evasiae oa cee lcrvanie erotics ears aaeene ee 10138 
Unlawful to allow locomotives, etc., to remain Standing, 

etc., on street crossings longer than five minutes........ 1015 
Unlawful to allow locomotives, ete., to remain standing, 

etc., on street, etc., longer than thirty minutes.......... 1016 
Shall provide safeguards on streets, ete., when Council 

Geems sNECESSAT Y 7 shine encase Ree ee eee eho aioe ener SCAR sk sesl LU by 
Penalty for failure to provide Sateguards.© oi. J... tise 1018 
Such safeguards to be erected, ete., at expense of.......... 1019 
Penadltyetor staslure tommaintain se tGomsae cess cieeerner Ce kein 1020 
Shall erect lights, etc., at places designated by Council.... 1021 
Shall® keepalichts*) Durnin eeneuc arrears ee ee ee 1021 
Speedlorutrains imi Citys seme oie seeks tee encase CoNeiad soa. ke aa ae a 1022 
Locomotive bells to be kept ringing, when..............6.. 10238 
Jumping on, etc., trains, while in motion, unlawful........ 1024 


Baggage Masters, etc., invested with police authority...... 1025 


Index. 


RAILWAYS—Continued— 
Baggage Masters, etc., may assign Station to vehicles at 
CEO mre pee ee eT cP cLal ohsacha dt Mee insne EN ee nuted otal oy atone o en ake 
Baggage Masters, etc., must take oath, give bond, etc...... 
She aemlakeweten ec rai ne Cl etit a artis wale mictoliehe ata teMueealn ashe vs 
Shaliskeenestreets., CtGesIN SOO dere DAUl ves, os ahtue 0 b.oels a el dues 
Shall construct and keep in repair bridges, etc............. 
Street and Bridge Committee to have plans prepared to 
CALE OULD OM Cea cast oiete dete core oes oe ok etwas event co war eneee oloucletie gee 
After preparation and approval of plans, notice to be given 
Penalty LOmraLvuirencOonma Kerr CDalr Sy 1eL Chiara: erie sues ti crete a Maal 
DUtigtOnDLovadeys EYCels CEOSSIMES is.) wapsy a: erage eres teltionahon puckacrecatl 
CLOSSITS Sa OMACOLS LIU GUE Crete chavs lh ics abel ol koe cha ue aie, Reta so termes 
Dime within which Crossings to be constructed ..i4i3 ss... « 
Penalty stor failure to Construct crossings, e€tGuse. ae... 
Blowing locomotive whistles for longer than five seconds, 
DEOMI GOS ie crs ee oe lcp ae weed FA oh cla} op th ht oh Pet eae ahaa ah Aor oh a eae 
Running locomotives at greater speed than six miles per 
NOME SCLC. SAT OLECTIS Opyas Saris tee er Che crete ad Seated ot yet ase te eye waaay 
Unlawful to use Commerce Avenue for switching, where... 
Who may be prosecuted for violation next above..,........ 
Shall place fire alarm indicators at certain crossings....... 
TOUCH CLrOSSINESUCOUO CVO CO WALCIIa wee aca tise nit aie erctole a aod ens 
Duty of yardmaster, etc., when such crossings are blocked. . 
Unlawful to sell railroad tickets without license from..... 
Must show authority to sell railroad tickets when demanded 
M. K. & T. to stop trains at Houston Avenue crossing...... 
Engineers shall stop trains at Pinckney Street............. 
Tracks to be maintained on level...... pean yt plese Clee tap eae haes 
Junfsrey 0 Kexe Iran Sy OYe I MS ets ceed a SRST PNR ats) Ree es URC REN DiC a ec A Pa ee tre 
Penalty for failure to comply with Ordinances............ 
Prompt COmMplianceswithy OnGerswr ed WIT diovces 2 suas sitio endieins 
PP OTA Vilas et acekeneta wlio bial crete et APE tae DM SICA, PNT ee A aed pig ot waasiel 
Mast keep bridsess Crossings, ete. 1m LEDAIT sc) 0 sus ¢ 5 cue ese «> 
TRS AS NU ite (Bececoiste ei aMplict ey Ack Inne Meret At nae tea ook 2k oe Turon Ie AN dealin Meee eer a er anette 
RATES — : . 
See Carriers; Harbor Department; Market House, etc.; Gas; 
Electric Light and Power; Telephones; Street Railways. 
RECEPTACLES IN PRIVIES— 
See Privies, Vaults, Closets, Cesspools, ete. 


RECEPTACLES IN STABLES— 
See Stables. 


RECEPTACLES, GARBAGEH— 
See Garbage. 


RECEPTACLES, MILK— 
See Milk and Milk Products. 


RECEPTACLES FOR MARKET HOUSE REFUSE— 
See City Market; Market House, etc. 


REFUSING TO ASSIST OFFICER— 
See Policemen. 


REGISTRY OF BIRTHS AND DEATHS— 
See Vital Statistics. 


REGULATIONS— 
See Rules and Regulations; Carriers; various Departments 
and Heads of Departments, etc. 


REPAIRS— 
See Railways; Street Railways; Streets, Sidewalks, etc. 


REPORTS AND REPORTS REQUIRED— 

See Board of Censors; Clerk of Corporation Court; Chief of 
Police; Fire Department; City Electrician; Harbor De- 
partment; Health Officer; Scavenger; City Chemist and 
Bacteriologist; Sanitary Inspectors; Harris County Tu- 
berculosis Society; Supervisor of Hygiene; Physicians; 
Undertakers; Midwives; Surgeons; Policemen; Public 
Service Commissioner; Telephones; South Texas Fair and 
Exposition Commission; Assessor and Collector; Sewers, 
Plumbing, etce.; Treasurer; Water Department; see Chap- 
ter VI of Code of 1904, omitted but not repealed (Sec- 
tion 1521). 

REQUISITIONS, HEADS OF DEPARTMENTS— 

See Purchasing Agent. 


RESCUE— 
Encouraging rescue of prisoners, an offenSe.........5..06. 


Section 


lvii 


lvili Index. 


RESERVATION— 
See Assignation Houses; Houses of Prostitution. 
RESIDENCE— ' 
See False Residence. 
RESIDENCE DISTRICT— 
See Saloons, etc. 
RESOLU TIONS— 
See Rule 12 of City Council. 
RESTAURANTS— 


See Health Officer; Milk and Milk Products; Food Products; 
Pure Food and Drugs; Cold Storage; Permits. 


Health £O fficertshallovisite sem stole te eth eletets oer eames ae decane toes 996 
Health Officer shall grant, etc., permits to establish........ 399 
Unlawful for lewd woman, etc., to frequent............... 789 
Unlawful for proprietor to permit lewd woman, etc., to fre-- 
CLUE E, OLS, pees es col ataalta yea aeauive aimee gene sales Gola Wales ie aes aE aEe rene 790 
RESERVOIRS— 


Putting animal matter, etc., or bathing in, prohibited...... 1439 
RESTRICTED DISTRICTS— 
See Assignation Houses; Houses of Prostitution, Saloons, etc. 
REVENUES— 
See Harbor Department; Taxes and Taxation; Occupation 
Taxes; Water Department; Police Department. 
REVISED CODE— 
General provisions \COMCEENTIES i. asec eh S heawal ates tele nie 1520-1530 
RIGHTS OF WAY— 
See Traffic, Street; Streets, Sidewalks, etc.; Street Rail- 
ways. 
Repeal of unappropriated, by street railways.............. 1148 
RIOTOUS CONDUCT— 
See Policemen; Rescue. 
ROOMS— 
See Nuisances; Barber Shops; Food Products. 
RUBBER BALLS— 


Use: upon street. etc., “prohibitedescg ces ee ote ee es ee 833 
RUBBISH— 

Board of Health shall supervise collection, etc............ 395 

Shall mot berthrown, etclwin alleys wetCieicn ac erro ate we 442 


RULES AND REGULATIONS— 
See City Council; various Departments; Heads of various 
Departments; Harbor Department; Board of Health. 
RULES OF THE ROAD— 
See Traffic, Street. 


Ss 
SAFEGUARDS— 
See Building Laws, not codified; Railways; Public Safety. 
SAFHS— 
See Nitro Cellulose Films. 
SALE AND SALES— 
See Weights and Measures. : 
When an article, etc., shall be deemed offered, etc., for.... wink 
Market i hours = LO; ee ieee oie eee La ae aire ae ene eee aE 2 601 
Unlawful to sell on streets, ete., abutting Market House, be- 
tween certain CnOouUrs erected: 5 eo oe caer gee tae teach eee tas are 605 
Artieles which shall not be offered for sale, etc. we ste aba a ee ley 620 
In«parks;-etes “prohibited, excep torsos weeate tener aera 659 


SALOONS, REGULATION, ETC.— 
See Milk and Milk Products; Lewd Women. 


Selling intoxicants to minors, etc., an offense............. 1050a 
Minors obtaining liquors from by deception, guilty of an 
OffENSO Hn sale Wy Dek 3 he ae eee Esiie SA Ryans TRUM D CUD ah a ca Een Tee 1051 
Aiding minor to obtain liquor by false statements, an offense 1052 
Loitering, etc., around, in residence districts, an offense.... 10538 
Permitting loitering, etc., around, in residence section, an 
OTLENSE FiGes send orsust Basaeekes cegueeet teeta chen seat Siebel etree anagem 1055 
Definition of ‘‘saloon in residence section”’................. 1056 
Unlawful to purchase intoxicating liquor, ete., on Sunday... 1057 
Unlawful to drink intoxicating liquor in, etc., on Sunday.. 1058 
Loitering, ete; in, -on “Sunday. su nla wal wel. eleet ieleteue 1059 


Definition, of term, “at. amy time on.Sumday™. 02.255 saa.ajc 1060 


‘Index. 


lix 


SALOONS, REGULATION, ETC.—Continued— 
Buying or drinking in, between certain hours, unlawful.... 
Unlawful to conduct saloon without license 
WiITenE SALOON TES: ICOM SEG air pe aration a denen a tenets cia ota teiel cushy ay ta 
Whathierme AteSsone sinGluUdes yi. one ae atheas a ese ah eles 
Unlawful to purchase liquor from non-licensed 


of ef od aay are) @ of 0: -e¥ a ei 0, 's 


eee ee ee we www e 


Section 
1061 


Unlawful to drink intoxicating liquor in, etc., non-licensed 1068 
Unlawful. to congregate, etc., in non-licensed.............. 1069 
Detini tion ofLstermir. ILCenSed: Saloon aus as she cco oeher sb elas ea oe 1070 
ROK ream GerlalT VOUS Girl Ctrces grate nists oo cates shite Ee Ne el ecto ORL 
SlSeMinise ihr ROLL Ata states sia ehete ok ice e aeae oie cpanel aoe nee helices ala 1073 
OESUPAC OMe CA LO Laas catenin tee! eee bebe eset ccsjoete vias) ler caah diese ais i 1347 
Provisions, governing obtaining of license............. 1348-1354 
Penalty for engaging in business of, etc., without license... 1355 
SANITARIUMS, HOSPITALS, ETC.— 
See Vital Statistics. 
SANITARY CONDITIONS— 
See Board of Health; Health Officer; Nuisances; Stables; 

Barber Shops; Street Cars; Interurban Cars; Milk and 

Milk Products; Ice Cream, Regulating Manufacture; Pure 

Food and Drugs; Food Products; City Market; Sanitary 

Inspectors. 

SANITARY CLOSETS— 
See Privies, Vaults, Closets, Cesspools, ete. 
SANITARY INSPECTORS— ; 
See Chief Sanitary Inspector; Scavenger; Privies, Vaults, 

Closets, Cesspools, ete. = 
Membperseotariealtin Wepartim Enters cans site c eeol oaelc cud e tenets 369 
CreEAtLOn OL OLLLC CaO ls ates yeah alma tinads cto e eae ee rae fucweie arene 370 
NOU eS wea LE Bl Oana bere arena cr tien tone aa ern ej OU dey Ny en i ota Rc 38s 
Right to enter and inspect premises, etc.................. 381 (a) 
Right to inspect water connections........;.2.¢...050080. 381 (a) 
Authority to order removal of nuisance, etc............... 381 (a) 
Authority to order repairs to prevent waste of water...... 381 (a) 
Shall assist in enforcing health Ordinances, etc............ 381 (a) 
Elves POWERS. OF! DOULCEIMNEN CLG f sscra tesco eters sd pie vedas lee ouallonts 381 (a) 
DT ytOmEia KOLA VEST SAWCT eastern nicht anes. ele edema recat toretar ota 381 (a) 
Shall perform duties required by Mayor, etc.............. 381 (a) 
Owner or occupant refusing to allow to enter premises, 

LOR GIT Grae Ogee DOT Uae een Sims ehcina yet ea meee tener aatide leon 255 381 (a) 
She wae Ee Waa S61 2tO weal lLO Waray rors o ol ena ole chakese at sone ancien 381 (b) 
Terms ‘“‘Sanitary Inspector,’ “Health Inspector” and ‘“‘Sani- 

CALI Va ee OR VCORE AT) cel Mra meee Meet ten eye Crete rent rete EL Gay wn Uno hrs 2 381 (c) 
Persons refusing to obey orders respecting removal of nuis- 

ANCES eCLEN SUDIECCE TO fie” WHEN ii se slater dH clereeoneten snacepete eee 381 (d) 
Duties of Sanitary Inspectors working under City Scavenger 381 (e) 
Under City Scavenger, required to give bond............... 381 (e) 
SALA TC ery Eee ae Reker hire aka Rae ace aed REE oe Rh Sats Ean MENTS RR eee tora pe ce 383 
Orders of Board of Health to be-enforced by.............. 389 
Under City Scavenger, may determine, collect and receipt 

OTs t OOS ete eat Te Ce REE en oh ote dees) ER LeTeU a 3 Lato eo ce ERE roel ose kata, fae 468 
Under City Scavenger, may determine fees and leave notice 

CORO ET Cred rac sears wT ae Re ae ee tees retake y rat Sh cad aly at ab cae Bihatee eit ala 468 
May give notice to clean closets, etc............:......... 472 
Mayor, etce., shall provide for the Scavenger............... 473 
Shall have authority to enter into and examine cellars, etc. 474 
Duty-of; upon finding adulterated milk, ete.....2..03.1.55. 560 
Shall petition Judge of Corporation Court for condemna- 

THOTT Comey Retaarbce drei a recast ie Seder! Stara nie ectelaera Rayan ay ok abana viper oe 562 
Unlawful to prevent any, from entering building, etc...... 567 
Where term ‘‘Health Officer’ used, includes............... 568 

SANITARY SEHEWERS— 

See Sewers, Plumbing, etc. 

Buildings supplied with water to be connected with, when.. 461 

Old vaults, cesspools, ete., shall not be connected with..... 466 

SCALES— 
See Weights and Measures. 
SCARLET FEVER— 

See Physicians; Communicable Diseases; Contagious Dis- 
eases; Infectious, etc., Diseases; Placards; Burials: Prin- 
cipals, Teachers, etc.; Food Products 

SCAVENGER, CITY— 
See Privies, Vaults, Closets, Cesspools, ete. 
Member Erealth? Department wari o 5455.8 ist ecs) oMenayeerst Sis. nae pigs 369 


Ix Index. 


SCAVENGER, CITY—Continued— 

Creation AOL: OTEIGS SR Ee ce Ree ne eel detains PaeMene eters 
Dwtles; OD 253 hele lac ane tes 15 a Ieee ec a te alia) forte be, OR Metra cd tc eame Pa en 
BON EOR So cel eben heat 0 OG ra Ui ae ae tine he gels Be te oe Fe Pe ORCS Re ete one ace ee ec 
Has direction, control and supervision of Sanitary Inspect- 

OTS STC UGR Nea eo eed g BOs Ere BOTT ene Dee re eee Let sea R ew Rak tee heyty 
May recover on bonds of Sanitary Inspectors, when........ 
SAUL INV, FOB ee we os ete Waldner lester ete ae Pern acy Cet Ln at ae gen Wee Co 
CCS FOE Berke soitiae ee de sake cp dere hle.ny Heme hake Bee MOLEC Gn IROL SP NGL Air ee Marre a 
NOTICE SOR PAVACSS 1 ORs RBAsNtomedste ne atone hoa ua Mont ean hs aie arate a rete 
CGhargeesstor :pumMmpingacesspoolse-CrC wee aii, emcees one ee oer 
Shallmotity. parties uto, Gleant priviGs Mele) cmecucer tere. cease 
Shall keep srecOrd) etG..cc aieue rea rR SON oh theta treet aeons eure we meee cate, 
Authority of, in matters pertaining to privies, etc......... 
Removals by, shall be between certain hours.............. 
Dutysior! to remove MiZghtasorl awh ence wi stenosis eek lose hae 


SCHOOLS AND SCHOOL CHILDREN— 

See Public Schools; Principals, Teachers, etce.; Supervisor 
of Hygiene; Vaccination. 

SEALER OF WEIGHTS AND MEASURES— 
See Weights and Measures. ; 
Appointment, <Gualifica tion set Grice sil cites ts aioe Eeeeu een 
Deputies oko ree Ae ern teen auc obsttene alee ee teneaee Ret een eee eee 
Shall, through Purchasing Agent, pur chase. etc., complete 

Setofeaccurates welents rele A eat cote te elo eh perenne Waa 

Shall tbe custodian: Of standard=ser  setccuie tee. ene oe ee eee 
Shalh<devoter entire time *tor Otic Gael aera Gas meta teee tenet 
POWEFS FAT FOU ECS Siok alse oe eres eR ee TEU stn Acute pene Mercaee creme 
Shall have supervision, etc., of weights, etc., and sales, ete. 
DEPUtLeSs  pOwWerssand. GULLS a eoncsieeresth Os Unter es iruchere semi i 
Shall inspect, etce., weights, etc., stamp, and issue copiincate 
Shall keep al -resisteres Ct ose oe ose eae eke Leiner eee 
Sealer and deputies prohibited from vending weights, etc... 
Shadi mark “condemned” *weignts,-ete., wWiGNe 2) unineme meas 
Shall deliver standards, etc., upon reSignation............. 

SECOND ASSISTANT CHIEF FIRE DEPARTMENT— 
See Fire Department. 
Members Eire. IDep artim thc. acer eae iene Oo nent ae en emer eer ara 
Creation \of-0ffice) ebG eV pack, nae ie dete el UC aie ete an ee 
ATI TOR TE ies oot tages bith teen tts pen cre OR ecole Ue Flee eee crete Senn eg Tea Pt 
When shall be in control at fire Aa eg APNG A. vo Aekcas totaniens Lode ome hetero eee 


Salary . Sues Brae Neel ePerlaba elas site ents Toupee ten Cues baer coe oon ORG hess taut, Lieed arte 
SECOND-HAND DEALERS— 
See Pawn Brokers, Second-hand and Junk Dealers. 
SECRETARY— 
See City Secretary; Fire Department; Harbor Department; 
Police Department; Board of PNaeth 
SEGREGATED DISTRICT— 
See Assignation Houses; Houses of Prostitution. 
SEPTIC TANKS— 
See Privies, Vaults, Closets, Cesspools, ete.; Sewers, Plumb- 
ing, etc. 
SHW AGHE— 
See Sanitary Sewers; Sewers, Plumbing, etc. 
SEWERS, PLUMBING, ETC.— 
See Sanitary Sewers. 
General Provisions— 
City Engineer charged with supervision of plumbing, etc. 
City Engineer shall examine, etc., plans for Pi piss ete. 


City Engineer shall inspect before COVCTEG:. a) ern ten reessh ose 
Duty of City Engineer when work not done mee to 

plans, ete is 2a oath Ee Menace Anes Pm ice ies cu Reis eee ae 
Definition of terms “plumbing,” “drainage” and ‘drain lay- 

TS ar ae Ga ee ae Hehe) Sit haan Rie Maly Aun NS pest cto W abha 
PErMits: FOr, “NC CESSAamy yea ghee ROE eae nk eee ay ae 
When permits for shall rot belerantedts. eee oe 
bxaminine Board for Plumbers: Oc ee. ta mini aisee aE 
Hxaminations» sweensés? Lees stetGm nied sce note seers 
City Engineer shall not issue City license, unless.......... 
Duplicate plans to be filed with City Engineer, when....... 
Plans to be. Oi) Kedeby. Plumbing inspectoreea... ta eee 
Application for permit to be O. K.’d by Water Department, 

WROTT Yo; Sister atte lnays deltaic tate Naat erat eee seo a otis ae Cea is aera as eae Gia nes we nee tc er 


Section 
370 
378 
378 


378 
381 (e) 
383 
468 
468 
469 
472 
475 
476 
AT aaa 
478 


1480 
1481 


1482 
1483 
1483 
1483 
14838 
1484 
1485 
1486 
1487 
1488 
1489 


311 
313 
316 
317 
314 
325 


1075 
1075 
1075 


1075 


1076 
1077 
1077 
1077 
1077 
1078 
1079 
1079 (b) 


1079-(c) 


Index. lxi 
SEWERS, PLUMBING, EHTC.—Continued— Section 
PlancmowcllenOtepe: chian red exCeDp trac wlarckelartis.vi alticne Sreterelctencee! > 1079 (d) 
Plumbing, etc., work without permit, an offense............ 1079 (e) 
Must have Water Department permit, when............... 1079 (f) 
PMIMDErS! Must SHO we license. CLE WEN seesdsenets os, «ones ces = 1080 (a) 
Plumbers, etc., shall have deposit with Assessor and Col- 

LECTOR SECO COVEr | LUIS PACELON Sie terme niet Melee: te vkelibetus reese scales 1081 (a) 
Certificate, etc., of plumbers, etc., to be cancelled, when.... 1080 (b) 
Plumbers, ete., shall notify City Engineer when to inspect.. 1081 (b) 
Covering up work not inspected, an offense................ 1081 (e) 
IVVZO lec ORE LOIN CUOTMC/ anc: iho mater epee ss ace Meta) Ste) vie fons Ghp craked eveg See? « 1081 (d) 
Plumbers, ete., without license, ete., shall not be employed, 

CE Come per Te Tae oe or LATS TE Mel SHOE RO Os PRASAD ca eh ewe chia wns 1082 
Cityataser Sitio connect With private :SGWeFS.1.-\ske sh. ccs sce, 1083 
WepOSits AetGs IM SEWELrs Dr OMUDIbE ditty sees cee score © srekecs @ececeds 6/4 1084 (a) 
Connections by slaughter houses, etc., how made, etc...... 1084 (a) 
Manholes not to be used as water closets, without permis- 

SO Te CRChab hee wens <uricks | ces Pee mane aRe Gam tar rn eam r es aan cat Asse 1084 (b) 
Obstructions of sewers by discharges from slaughter 

NOUSCSMeLCE Balls. OTLCMISC) mae, ciate f Mia cis Tiere site anol in <ee eee 1085 
When City Engineer has power to stop, etc., discharges 

TA Omani eka elica ot skate wen hake, Meron roe a eM SUN 9 Oe. Sidr alt teeter sna gute aie 1086 
Down spouts, ete., not permitted to connect with sanitary.. 1087 
Privy vaults, etc., must have flushing arrangements........ 1088 
City Engineer shall make, etc., monthly inspections of man- 

I OUG SRG t Copeg gets brat At eer an cane wpe eRe EO MD acne eet os 1089 
Sepuc tanks econ StveuUcllom PermuLed:WiIneny.caut.Ne erelereds. sila oe 1090 
Special provisions affecting Water Department............ 1091 
Regulations, etc., governing construction of and materials 

COMIDE SLI SC yim cete rn aees, Sen conker Mesa Mpa Moet. L vwkinn seks aah cathe atone Tenachale 1092 
Sewer connections, when to be made..................0000% 1092 (6) 
Sewer connections, when shall be separate..........:..%.. 1092 (6) 
Sew ClarGOMMle Cel Or. Se nO Wee li acl geben arnt) cris chee ofarcst eth sre es ok fons 1092 (7) 
SEW eELucCOnMeECtLOnS pti all ww CMAN aa C Gar syces atc ce calscel <del dead snes 1092 (9) 
Sem els COMNECHONS | Wien COMpPULSOTY wa ae otosis evs ielels ai cueMsuece wie a TO92REL IE) 
WW LA Wa eeD Ose US ATT iveee tree aiatenata ce attests oes cemeccais, Atcuetetaic: osteo k 1092 (21) 
DPE ATLO Ma LOlne! SDC CLIO lita hyena oct or weecte st Aloe cre ere aie 1092 (95) 
CermiGt Cy O ten LIESTLG CUI O ls cies Can pep Arch cnencdenaleusy ievoih Alen oats aie ael eae ate 1092 (98) 
DENG SITS LOLESTCECEDODENIN GS. ve bintntatatse chalice on oles ete seceeaesens 1092 (101) 
THSPEGhHOns O tera lly OP CMIINES deen ayer cota el aeiere ial «ee cP SU baat eh aaah es 1092 (101, 
Mee SunOS INSTI CLIO we me sntee Guar cet boten facie Ao ct cvatramehelel « chaew ceo kn Pare 1092 (101) 
1D Ch TLELOUMS Ofeat OLIV GR t atte Pare REL: eter eee suck aesay Sucks oadente 1092 (102) 
Penalties for violation of Ordinances concerning.......... 1093 

Laying of Lateral Sewers by Property Owners— 

PATHUMO Ry TOmLavertl DOM Cola Cit One ceswahactis cuca ate deter etam tee 1094 
2 Grea yet Oa hae ato nbc rae te ney ee ceeiizaed wa Toles orteuer taste lodemnisnens ocean Geet 1095 
@WoSts ctG LOs DE sDOrnNe= Dy. DLO DER LY=OWNELS eis cde ale cuees aes che ue 1095 
AL Pica IO MUR hOreD CITE iia) cued mets moat ryt keen alee’ sateen aces «Weteasten f 1095 
Propehtys OWMEES mLOU Svcs DONG WENGE DE imcssrae ao.4 ss cata adie teen sues HOSS 
SIZE AUGeL any Lie Re SERICEION Sime ca shcemeseig ccc PN eceat eee Re Rue 1097 
CONTE ESO tea PPL CACO Mas wet mel apeecla cs sitesi otadcetnineloieies veeye ie tanaseen eis 1098 
StaAtcimentsoLeCOSte to, DemledmetC sone. cslese se Nine Oe ee as 1098 
Mian cecOst OlestbSeqiuent:GONNCCLIONS: ta wah areca ciale meckolere 1098 
Permits for subsequent connections, when issued.......... 1098 
When laying operates as a dedication to public use........ 1098 
Application 10m permity to connect additional... ..-2.52-+ 4: 1099 
Permitammaysbe, srantedebiwOlby: COUNCIL. Weiss sel tia errs euch: 1099 
MED OS ta COM C eetlle Sty 8 111 a LON sep eratoueve anabeh kona: fete laren aiMionslia, tt anertos te sions 1099 
Sha lieperadeenicdsa, puDlLG=Se wer, -ClCe easiness et elie e amen oe 1099 
Meaning of terms “lateral sewer’’ and “service connection” 1100 
Size, construction, ete., of service connections............ deleQal 
General provisions for management, etc., by City.......1.. AO) 
Governed and regulated as other sewers, except............ 1102 
Ofren Sess POraltles ornaa. wine epersterast ere okies com eons sete nila ame ater thet 1103 

SEWING MACHINES— 
CECI DACOnme taxa ROLE SCL EMD OE Ps yeicettatesckte oo. sree sine Go vi eceela sneer oie « 1341 (x) 

SEX TONS— 
See Burials. 

SHADE TREES— 
See Sidewalks. 

SHIP BROKERS AND AGENTS— 
(OCCU BELO Lew CAENGsL O Lettie, Sete nes «1 (og ro botemiere. Nicisana sheGstsl a albe acges wee aor os ois 1341 (d) 

SHOOTING GALLERY— 
GecupaciGnese MecLOle iy siviers «sr tee ieee) it drei ence sy ecaisl ara £2 SUS Arlee) 


Ixll 


Index. 


SICK PERSONS— 


See Invalids. 


SIDEWALKS, ETC.— 


See Streets, Sidewalks, etc.; Openings in Streets; Awnings; 
Bill Posting; City Electrician; Signs; Street Railways; 
Railways. 


SpDiItting-on ete. prohibited re tecoste oil aiere ereler enn sake vaie ste serene 429 
City Council to pass Ordinances for grading, etc.......... 1216 
City, Bnrineer to fix, DOUNdS ANG simile vans eles ee eee 2g 
Property owners to construct driveways, etc., how........ 1220 
City Hnginecrsto Lurnish.correct: vad, pCUG. pest aun eee 1220 
Duty of property owners with reference to crossings, from 

CUEDS) LOcSTTOESLS 0s % cere to otasinsz ee apes te tevenert mene tere lene cusps fat etter ote calls L221 
Telegraph, etc., companies to keep deposit with Treasurer, 

to restore sidewalks, etc..... Seis Dik Wrage eee eee oe OR ete aia C228 
Penalty: for failuresto keep, deposit; etc. «pee eae eo ine ne 1224 
Compelling construction, etc:, of sidewalks, etc............ 1225 
Cost of construction, etec., how paid when work done by City 1225 
Councilcte Order, CONSUEFUCTION G CLC aires manta eer canoe bene ence 1226 
Materials: to) perused), {CCG sia ike, Bie ott. ecebeae ferns averse aera 1226 
Standard specifications) Lore Cement iat ee ee eo LQ 
City bngineer,tovestablish simesmet cuir we. wa) cereus tensin seenere 1228 
City Engineer to prepare specifications for, when.......... 1228 
Permit necessary for the construction, ete, of....2......0. 1229 
Notice £0 construct; ete,; ‘contents? Services... ase se woe 1230 
When designations made, Mayor need not notify those in 

judgment of Mayor and Council, having sufficient....... 1231 
Unlawful to construct different than ordered, etc.......... avaswl 
Penalty for construction of different than ordered........ 1231 
Contract provisions for completion shall comply with order 

OLS COUN GT Ry ae Na hehe Taner crete de uelec te eaee teRDe fren men Mee nine cra tae 1232 
City may refuse to pave streets, etc., until sidewalks, etc., 

PZB RG Rak toerett Gear ia pnp SER Sun Mie Mectns dees toh Miia Agu okt tive a eke One i Mees 1233 
City may contract to construct, etc.; procedure, etc........ 1234 
Builders Of- Must, Sivie DONG ae tcuse ce nek ener raat Omer eee ee 1235 
Pen alt ireass yncrstoa, Salts are he tye ast ce pect Mea nehcer Rae ea ncn eae RO ee Whee 1236 
Constructions Ob -DroviStOns ¥ sacra ceeecr stele cele eeer eee ee 1237 
Reservations by City when putting down pavement, etc.... 1237a 
Unlawiul-tocstore:s CLCASETUITS) ~OUCe Olle mreue teeta. tec eal eo 1239 
Wnlaw Euston dite" ditehsa CroSSti terme erence teem see eae eon es 1238 
Limbs, etc., of trees overhanging, must be trimmed...... Bie tg ode. 
Raiines70n,.in stock limits, <pronioit edn. wesc ee cee 1242 
Railings on, outside of stock limits, provided............. 1243 
Running wheelbarrows, etc., on, an offense................ 1244, 
HeaVvinigvrexca vation. Ins StC.,) all OLLen's Gwar rare ietnpice saree eee re 1246 
Riding, etes Ons AnNOfenSe a fans deresan ter oh eee ne ee ey 1247 
Ornilaw ful to -ORSTrUCE eter ieiras « aeroreee ies: alien nena e aimee 1252 
Unlawlilsto itch, .ete, animal uponsetGrrscne ee ok eee eee one 1251 
Wiltullysetcyetearine Up, etc, .an- OtLense ceri ee eee 1308 
Unlawful to throw banana peelings on..................2-. iioyle! 
Unlawiul+vo: ride, ete: on, Ctr veExcept cy ctacm tie nit ik a kerene 1315 
Throwing articles from upper story, etc., prohibited........ 1316 
Throwine trash,.ete. on. proniDicedimnee sere aes sae eee 1318 
THrOWilnes trash <etes” OlpsDrOniDlLCGnm ee ec ene ete 1319 
Unlawtuil tospermitpapersto remaim7omn. yc. cles secs teenena ete 1320 
Unlawtful-to permit water from hydrant on....3.,.....-... 132 
Discharge of water from fountain, etci.:..:... 20% Aided eo DAT 
Governine sweeping Of Veter wa actu nytuapeks leeks ae wuibens 1329-1332 

SIGNALS— 
See Safeguards; Signals, Danger; Traffic, Street. 
SIGNALS, DANGER— : 
See Openings in Streets; Safeguards; Sidewalks, etc.; 
Streets, Sidewalks, ete.; Building Laws, not in this Code. 
SIGNS— 
See Streets, Sidewalks, etc.; Poles; Bill Posting, 
Swinegine) Una wil Wises ase ciate coteoner ciate tele eucinnsoct abeuciatt ei tants Terk eee te 1256 
Unlawful to erect advertising, except as provided by Ordi- 

TIATIG OB ich sii ee ee Re ae eatin s Cte ea ES Re eaten een nate 1258 
Advertising, shall conform to classes specified in Ordi- 

TAT COS 6 SCN cease, Se A tvs oe a, ad yA ce ee at 1259 
Advertising, Classihed, ois7- fea ces Hak as th be Eee 1260 
Permits necessary for erection of all, except............... 1261 
Building Inspector to issue permit for, when.,,........... 1261 
To: be: keptcin: £OOd repairers .s ws acuevebe einer eloie ntener stent ere ea ete 1262 


Index. xiii 


SIGNS—Continued— Section 
Building Inspector may make repairs at owner’s expense, 

LC Me cota e ke ttee Mean te Tat aie! oh atch cae aeeT ae Pad a ah eter Saka ts SHOE ala f Sale e's 1262 
Persons, etc., erecting, to save City harmless, etc.......... 1263 
Permit to contain agreement to that effect, etc...:........ 1263 
Penalties, Sh. ee ete: Pe eee fale thot aleke Perel het ape ade o 1264 
Went OLMIS DECCLOUE hence Parte TR et eee ee eae oes 195 


SIREN WHISTLES, ETC.— 
See Traffic, Street. 
SKATING RINKS— 
WMEGuUpatlOumbaxeeLO Testy. cre coe coer ieee Se aeaTeNS ahs ste 8 wie, Saribane ats 1341 (a-a) 
SKIMMED MILK— 
, See Milk and Milk Products; Pure Food and Drugs. 
SLAUGHTER HOUSES— ; 
See Health Officer; Board of Health; Food Products; Per- 
mits; Buffalo Bayou; Inspections. 
SLEEPING ROOMS— 
See Theatres; Rooms. 


SLEEPING— 

ProbibitedMine parks. OtCiiy.t. aiereitereion.. ses BA EE Hi es te ee 663 
Prohibivedson. Streets: and SIG eG wea lies. o cittered cis Wistsiete ec) steve ates 
Pronibitedeins saloon se tieGatresivet Grd. cms ee lus seis rebel te ees 1073 
Pronibited itis barocr SN OPS earaye oo ste siege slarol cee eedieine over ck 436 
Prohibited in work rooms of bakeries, etc., or place where 

food is prepared for sale, etc...........220--. see eee eee, 548 

SLEIGHT OF HAND— 

OCCIIPa CLONE LASceL O Teeter tain ced oo ihe lal Soe tds oll crore tebe telioue carta a coat PsAde iC) 

SLOPS— 

Hauling over street, between certain hours, prohibited..... 448 

Hauling in certain class of wagons, prohibited............ #312 
SMALL FRUITS— 

See Fruits; Weights and Measures. 

Sua liber Soldeins park ages eter oe ae crs Gale cd Mise ee P517 

SMALLPOX— Bia 
See Physicians; Communicable Diseases; Contagious Dis- 

eases; Infectious, ete., Diseases; Placards: Burials; Su- 
pervisor of Hygiene; Principals, Teachers, etc.; Vaccina- 
tion; Milk and Milk Products; Food Products. 

SMOKING— 

MANTA Cres ClCmewnd Beste cl yan cicud 9s ele so aise lene: ao ara 28 
Unlawful in rooms containing moving picture films........ 261 
Unlawful in rooms, ete., where gasoline, etc., kept......... regia 
Prohibited in warehouses, etc., for storing cotton, etc...... 300 
Unlawful on street cars, except rear platforms............ 1174 
SMOKE AND SOOT CONSUMERS— 
See Chimneys and Flues. 
Unlawful to use soft coal under certain conditions, unless 
CONSUMIELES NAAT CALI Citas CLG tote tere retore ickuizcone tere Saree aebaens 104 
Flues, etc., of certain kind, to be provided with............ 106 
SOAP FACTOR Y— .- 
See Buffalo Bayou. 
SODA WATER— 
See Permits. 
SOLICITORS— 
See Parks, etc. 

SOUTH TEXAS FAIR AND EXPOSITION COMMISSION— ~ 
CCRCACIOMNMIO SS ela oe eel Re A ee IGE EID eee etic Pan ORG ee 1104 
COMpPOsition. terms: OL Ofiee. ete tiie. alco tah eisto dete s See cette e 1105 
TUE ED OSes a eee ener Os tee aca ey o's. ab otacm a avloiicrigib Hae. Sox Bad Grint onal See states 1106 
LUM ASLOle aT dsae TC DOL ES). set os a Croker owe 2 ects Seca hL ache Se Gee 1107 

SPECIAL POLICE— 

See Special Watchmen; Policemen; Police Department. 

SPECIAL WATCHMEN— 

A DPOMmt Ment = POWEES Ale CU CLES ctatsre. ve sink Stone share epee oS ohotecns oe 774 

WiELEED application Loreappointment,) Cte tie. wees eee esc 775 

ReGelve DOcaary Crom feity tr CemO Vals. Hales lene sce eee oe 776 
SPEED— 


See Railways. 


SPEED LIMITS— 
See Traffic, Street; Public Safety; Streets, Sidewalks, etc.; 
Railways. 


lxiv Index. 


——e 


SPITTING— 
See Sidewalks; Natatoriums and Swimming Pools; Food 
Products; Nuisances; Traffic, Street. 
Upon sidewalks, cross walks, the floors of churches, public 
halls, theatres, street cars, or other public places, de- 
Cla red Sa, MVUISAMC! NESS vencks cored ot ee ante he ede coed cas be dk pane pede Rete ie as 


SPRINKLING— 
ELOULSILOP TOTS) SUC: 2M see Rie tene ce cies eee Petals ethene Cee en 


SPRINKLING FOOT CROSSINGS— 
AN “OFFENSE” Bir. Fe cE ate ene sotee oo eee DONE Te ERE Ee iss ee GRE 


STABLES— 
Screened receptacles to be maintained in........:......... 
Where more than six head of horses, etc., manure to be re- 
moved twice.each week; whens ost 9 c..at-clnmls islet oie ats 
Shall not be allowed to accumulate to become a nuisance.. 
Manure from shall not be thrown, etc., in alley, etc........ 
Shall pe: keptiinvclean, conditions. ees eters de hie ae eae 
Shalilnot Jitter; streetstin hauling *manmure sn oie ceiscusieennes 
Carelessly using lights in, vain offense spec. i. enclcieis © vcr aieeuens alte 


STALLS IN MARKHT— 
See City Market; Market House, ete. 


STAGNANT WATER— 
See Grounds. 


STANDS— 
See Carriers; Market House; Hay Wagons; Sidewalks, etc.; 
Streets, Sidewalks, etc. 


STATEMENTS— 
See Controller. 


STATIONARY ENGINEERS— 
See Board of Examiners for Stationary Engineers; Steam 
Boilers and Elevators. 
STEAM— 
See Traffic, Street. 
STEHAM BOILERS AND ELEVATORS— 
See Board of Examiners for Stationary Engineers; Boiler 
and Hlevator Inspector; Water Department. 


STOCK LIMITS— 
See Animals; Chief of Police; Public Pound. 
Certain animals runnin evatlaresevins DrOhOleed , smitten 


STOCK YARDS— 
See Health Officer. 


STOKHRS— 
See Fire Department. 


STORAGEH— 
See Explosives, Inflammables, etc.; Cold Storage; Food 
Products; Milk and Milk Products; Moving Picture Film 
Exchanges; Calcium Carbide; Cotton. 


STRAW— 
See Hay; Explosives, Inflammables, etc.; Weights and Meas- 
ures. 


STREET AND BRIDGE COMMITTEE— 
See City Council; Street Railways; Railways. 


STREET CARS— 
See Street Railways; Interurbans; Traffic, Street; Spitting; 
Health. 


STRHEHT «CROSSINGS — 

See Railways; Street Railways; Openings in Sep Traf- 
fic, Street; Sprinkling Foot Crossings; Building Ordi- 
nances, not in this Code. 

STREET OPENINGS— 
See Openings in Streets; Sidewalks; Streets, Sidewalks, etc. 
STREET RAILWAYS— 

See Railways; City Electrician; Electrical Department. 

Cars.sball be’ cleaned ‘daily. rete cers UO eee ee 

Cars shall-be kept in sanitary condition. < i.) ..0.c.20l8 

Written consent to be obtained for constructing line, etc... 

Written permission to be obtained for relaying tracks, etc. 

Johnson grooved girder rails required on paved streets..... 

Grooved girder rails to be used on all repair work, etc..... 

Penalty for violations, if not complied with in cae! days 
alter NOTICE), kWh re hehe Ce ten eee ee ee ee 


Section 


931 


858 


Index. lxv 
STREET RAILWAYS—Continued— Section 

KOTmote SCLIN CLS LOWE? USEC treats esta ential hocwien or alcr ciel © sree desde. oe 1139 
(PDrackssu0, De main talmedran avlev Glicmes sieurw neta e: cUriiccsn © <leesuts 1140 
REF AGES EO Sue DINO Gee ia un cre eae dade tiene Gad Mencitoeshe sed uaens 1141 
Unilawitul tovinterfere with motorman, etc... 6. 3. 6. 6 ene ste 1142 
Le rilapvals ie COM UL eOnlure t Com Cat Sin © lisa eet a Slat ch tie?) andes foen s 1143 
Duty of Chief of Police, etc., to give notice to make re- 

DEES Cl Comer etee ae slat we sed etary gel A RE ESC exat cae oat othe ooh all aot e, of vor atch atetle 1145 
Neglect to make repairs, etc., after notice, an offense....... 1146 
DiutyetOskeepLerOsSinges Ine TEPall sctde wae ste ctenel che: oterclererunetel ater 1147 
Ordinances granting rights of way, etc., prior to 1895, not 

WSE Cie ie POLLO Catega we teas cake iurack peb ae tLia taro aD ertans tah Stuy eeaeta eeay 2 1148 
Penalty for failure to comply with Ordinances............. 1149 
Prompt compliance with OLders required? iy hl.n os ete 2 deme te 1150 
Penaluve Lom failure tO coniplys wath. Cliantertrns vers ccser ck 0 socio. iss 
Must keep bridges, crossings, etc., in repair, etc............ 1152 
Penalty for failure to keep bridges, etc., in repair, etc..... Wigs 
nla wilt le cOgmmonopol zen ecnde SCALSIas dim o.osisiettie dees ae: 4: 
Passengers must move when requested,’ etc. .2-. 7s... suse. 1155 
SArSeOUESthOS aves tilled w lies aches sea act Sohne, guests iene atl ee eG 
Must provide separate compartments, etc................. 1159 
EO WaCOMI par ENC tS; C&G GIVAC COM CUG aire a s1capsher ec lstatersle csi shane 1160 
‘SAMIVinee CLT Ose CLE LINC Cleuy mesy tie eet aoe Suen SH aney ot ones ghegh Reavicl ok eh eey Ce amant oe Kosi 
Penalty for failure to provide separate compartments, etc.. 1162 
Conductors shall have right to refuse passage, when...... 1163 
Penalties for passengers violating Section................ 1164 
DeesVnoteapplys lO MUrSSS iy, Sissi ne rey.) cists seen eel ena chee whalats 1165 
Dosen otrapp ey ntO eX CULSTOM CATS <n. sho. sala cesta su ald ahah ean 1166 
Uniawiultosrun tcars swith itlat wieCelsis. a ac vesccestelanieees tell 67 
Shadiewiaterntre ache Wwitentensaes whiske eins cress sbette dpe acter arena sae 1169 
ConduwcGtowmexclusuvely.-lOp Shihk$teSCheeMSiin 1 svccyi ten. omeiecs laren ahaligeal 
Conductor must report shifting of screens by others....... 1172 
Conductor authorized to shift screens, and require passen- 

FEUSeEOlOCCU ya S CALS wl Che aaa ot cratecs, coer Url ei og soe oR Pome fa ascan geek one anys 
Smoking on cars, except rear platform, prohibited......... 1174 
Conductors to notify violator of nature of Ordinance...... alge ress 
Copy of smoking Ordinance to be posted in cars............ 1176 
Sha hWenMOo teeuite POLS at artthease en cuerate ease ory aad Rene RGE oak sus CROAT DR arty ies 6 1178 
Meanimee ot term = Cuttin ciel tity gic wots oe cieue ie bes Shaner Para 1179 
RACeCSTO tear Cm FORMA ULES watetreeuge stad. sle seca eked a open va hed reh el Sr sion soot 1180 
Rates of fare for children between.5 and 12.2. ...5..000. 0. E181 
Shall supply books for half fare, etc..... rein tic ic rice Lika ee 1182 
Sineulizeriiv Se tier St CSian teen arcask epee see a cheek aint one chic! char taate Pe eee ets 1183 
Cars to be provided with notices with reference to transfers 1184 
Penalty for Conductors not supplying transfers............ 1185 


Provisions for transfers not to apply to morethantwolines 1186 
Children under five years of age to be transported free.... 1187 
Firemen, etc., and policemen, etc., to be transported free.... 1188 


WCU CL Obie Cat xart OTe hcheuenal as ose aeons eu eh ee cee Uke ol Ot eee 1341 (d-d) 
STREET WALKING— 


Unlawful for prostitute, etc., to wander about, etc......... 778 


STREETS, SIDEWALKS, ETC.— 


See Openings in Streets; Sidewalks, etc.; Awnings; Signs; 
Bill Posting; Traffic, Street; City Electrician; Railways; 
Street Railways; Stables; Garbage; Subdivisions; City 
Engineer; Carriers; Animals. 


OPSMIN ASI MMStMe CUS re tcoka wisi aal cea ikqaherttale of ste rere e Wear aia 1189-1215 
CONStLUGEHO Ms CEDAR Cl Gat a aaoerei se wane eee oe SS amid srate teas 1216-1237a 
QDSURIT CEOS MRC earn ccc cia Sect Sapa tech ence rele we ees eta cians 12388-1255 
PASNVELNLTD SS sae TT Sues CL Growers aad aye ns teu at coal cman traeel oy cic taneitai ene ao da vane *,...1256-1268 
POLES erga Mae eee Ane wickets Pell, oie Seo Rath bid Se oat thE Y i ere ORI Ie east 1269-1284 
ESTED © SEAN We ae eee te oror ee ty ceed Corer ee oa eH ai" ci ab ee Saves MILA GPa eae vl eas 1285-1297 
ESP EG EE LEMS UT? CS Ue Mar ree etin cs eta ee See oy Cees Eh awe cae ah Aedes 1298-1305 
MISCellarteo WU Sui esren ia oe Oneal. tore oO oe eR ee ee 1306-1337 
SLECHIN Se UD ON AMLOTLETS Ce nicpirera ons insehs. sisters elses Monte adoret re eeemene 845 
SpRIKHMeeOOtLCrOSSINE Sra Me Olen Se. sal caret cl Reon 846 
Certainebands Ofeimusic playing, one an offense... at. aor, fee 847 
Goats and hogs running at large, an offense............... 855 
UnlawsulsrOorscentaimet Owls, LOmrUny Abelar cen) ei. ss 867 
Winiawiiwieto displayetor sale olivier Stocks use aoe es ile 868 
Horse racing in City, an offense,....... NES ty ces Orci oles Bae Weie 903 
BS eAksn a aM Me Isola re Ol CMSe crews ibe o seauceeta ooo epee ices aphaee 904 
Drivin es cattle fetes. ChUTOUSh  CtCrm UM law LU le argene a. eure enens 905 
BOSS erUNioc te Larne Cle UI law LULL wt sk etcta rh ear gte Mh ces ike doe nehik artiey, 907 
Dogs with mange prohibited from running at large........ 916 


ANIMAS Must. Heatled sOnGannot get, ON) son tecst deers aioe Awl’ 920 


Ixvi Index. 


STREETS, SIDEWALKS, ETC.—Continued— 
Bicycles shall have lamps, gongs, etc., when....../..:2...... 
Use of air guns, nigger shooters, etc., prohibited........... 
Discharging Sravels Cle. C505 el erave,o sus iat chee celleee. kia teehee eee eh Ia otes 
Throwing patent medicines into, prohibited................ 
Council will pass Ordinances, etc., for improvement, etc.... 
City sPngineer may. lowerlerades OL: a. eee deci ee tieka ake Re 
City Engineer shall fix limits, etc., between streets and side- 

WEE Sie evi pa tse Nin eolae Stora a rot es Mae MMSE Lon Meso nam antc emote notes taiatien Gnas 
Unlawful to construct streets without consent of Council... 
Telegraph, etc., shall keep deposit to restore, etc 
Storime etcVsIruilts, setGe sone Ui Mlawe il auc cise catenin 
Impeding safe, etc., passage of vehicles along, an offense... 
Endangering passage along while building, etc., an offense. . 
Removing street construction materials, prohibited 
Placing obstructions in streets without written permission 
Hitching, etc., of horses, etc., between certain portions of 

certain streets, prohibited, between certain hours....... 
Automobiles standing on certain portions of streets, be- 

tween certain hours, prohibited, ete 
Hay Wiason ss Stan ase LOM a ure gy. eeu epetond tae ee ale hike et eo ene) eae 
Unlawful acts by those selling hay from wagons.......... 
Poles in, for electric lights, etc., to be kept painted........ 
Unlawful tovmarx eles poles Mints ,c cule a yateisnete Ree oasis ieee 
City Electrician to designate location of poles 
Location of poles in shall be changed, when............... 
Poles, etc., shall not be erected, except as provided by Ordi- 

NATICOS wie ge ee pei tear ae Sek Share eh opel oles OO OR SRE eats einer Mie new eee Tee 
Permit necessary for erection of poles, etc................ 
No two lines of poles bearing same conductor on same side 
Potlesi how erected Vere] ais co sieteraie ef eter eh enone du heat re ams 
Hach dine of poles to*run on same Side Of iu. ike supe cise. 
Advertising matter, etc., not to be placed on poles 
Companies shall file. agreement for joint use.............. 
Companies shall file acceptance in writing, of Ordinance.... 
City Electrician may change location of poles 


oeesceveen 


ele we 10 6 6 "exe © 16 fe 


ee) 


a] 00 8 6 a2 0s a Tee. eeme 


Polest HOw PAIMLEG ey ss 3s Hie Ee he ete lated ahaa tol Ooh Ne te emeNeee feren ae R a 
Unlawful to wash vehicles on paved.......... Wer ceri 
Unlawtulete anix; Mortar vette Ome ah serene as a one eee oe 
Unlaweinl to;make, fine om (sdieis vances tieteee ts eierecetere din Wt orate nena 


Unlawful to wash horses, etc., on 
Widtheof- tiressOt Vehicles Succ « ste cio sees tacueetie nad chat nite aetee 
Hauling gravel, etc., in certain character of wagons, pro- 
NU DIPSA COPS SSE ee ens ve le a eee Lee er te Me CUI aa RO en ee cen 
HADT CC seers Se Ae Sikes Mle Sines, Scores ea oe ara gee eae ae er oe rete ire 
Throwing trash, etc., on, a nuisance 
Throwing, paperscetcy on, un law Ulsan wskeicaceaternhaeye ete tote ain 
Permitting paper, etc., to remain on, an offense 
Parades Minilawlul pwithout eperimiltinwee meee pease eiencne pen renee 
Circuses prohibited from parading between certain dates... 
Unlawful to permit water from hydrants, to run on........ 
Discharge of water from fountains, ete., on, prohibited 
Regulatinesusesof Stuart yAwemue wesc t ceics taste re taaa! omens 
Changing name of Montgomery Avenue 
Chanzin= nanre Of \WillOwa Street jaiiae schemata. ol ieee rene 
Handing out, etce., advertising matter on, prohibited 
Unlawful to dig ditches across 
STRUCTURES— 
See Parks, etc. 
STUART AVENUE— 
Regsulatine-use: OL RESeae ce epee Mase eee Rte Shur eet eee 
SWITCHING CREW— 
See Railways. 
SUBDIVISIONS— : 
See City Engineer; Streets, Sidewalks, etc,; Sewers, Plumb- 
ing, etc. 
Property subdivided, shall be laid out under direction of 
CITY) COUNCILS SEC ir seaecerains Ce easter Riera ean ar aetna aa hee es ete 
Unlawiulttowlay Out wete prop erty: wile snus cnietncnes selene 
Officers, etc., Shall not do, etc., work, etc., upon streets in, 
unless requirements of Ordinances have. been complied 
with 
SUGAR— 
See Weights and Measures. 


Oona, an Nepal elle +02 ty Ap) fee, (6) iv ia vel fee Tew! 'e 


o'% WS foie wie 0) we 


oe lw Clee e 16K) & Kelana te -e ts (6 lelie) Stele le ie. site op 


© siege © 's OP f' 9 6 Oe; e 2. 9B a) a BR pe) 2d uate lc! 6 lo 4S) be 6.62.6 See ee 1h 6 KARO \@ 1812, [ely 


Section 
926 


247 
248 


249 


Index. Ixvii 


SUNDAY LAW— Section 
See Public Peace and Order. 


SUPERFICIAL MEASURES— 
See Weights and Measures. 
SUPERINTENDENT OF GARBAGE—M— 


MGI ehh. Otsekd Colt le parE Mm Clits srdetunieanaiciersrtichorcke eeoch biel thorats 369 
Sem enoie OFe Ca tGG RL Sis saiatd tere a\-olal cenit aed ei eciety al alle oro Said s, os 370 
WATE S ie GLE Mot ae ie eA AL ath hols sec elancitee Aidt sees tincs Pea, 379 
SSHEHISW ENO Sb Rat ic Z5gRCe oe tot Sue TI Re Bae kA Pera eee ace ERE SIRT ERA ep 383 


SUPERINTENDENT OF POLICH— 

See Chief of Police;. Police Department; Police; Carriers; 
Controller; Corporation Court; Explosives, Inflammables, 
ete.; Health; Vital Statistics; Pawnbrokers, Second-hand 
and Junk Dealers; Public Morals and Decency; Public 
Peace and Order; Public Policy; Public Safety; Public 
Pound; Street. Railways; Streets, Sidewalks, etc.; Occupa- 
tion Taxes; Taxes and Taxation. 


SUPERVISOR OF HYGIENE— 


Health Officer shall obtain monthly report ae BS Aicne he wine 898, 409 
Shali@examine pupils* for vaeGcination oe. sae sree oa. PAA hae 486 
Shall prevent pupils not vaccinated, etc., when............ 486 
Shall certify to principal, etc., when child sick from certain 
GiSeacesumayeatlen ds SCMOOl wy eeaard 4 vitor cicre evenste. lets Gi aese es halt 488 


SUPERVISORS OF ELECTIONS— 
See Elections, Primary. 


SURGEONS— 
See Physicians; Vital Statistics. 

SURVEYS— 
See City Engineer; Engineering Department; Subdivisions. 
City Hngineer to ascertain established monuments......:.. 284 
Original determined by W. H. Griffin, C. E., recognized, etc. 235 
City Lume in cerrehia llama Kes SUC teu a ceataia te crete a, oe eee ty a Me 236 
City tnsinecrishallatixs property lines; etCws sti sa. eee Zot 
Existing lines not to be changed, except...............2... 238 
Maps eters sDNODeCLE Vs OTECIG ye note sees accra aiatener soci et aks a Peete 243 
Hees of Cit yen SiNeen ih whee austere Bonds | Stes tas Ait 8 Val Acta 244 

SW EHRPING— 


See Sidewalks, etc.. 


SWIMMING POOLS AND NATATORIUMS— 
Unlawful to maintain, etc., without complying with require- 


INJENUS, seCC Ae O Le OTGIN ANCES es ventony are te hers fe heks Strano amet. 449 
Board of Health, ete., charged with enforcement of Ordi- 

TUATNC OSs Pate en, ot doa rc ee aha, uo oie ee Gen Vg Min eee ashe aoe al cer cev elfat eases ohana 449 
Howe orcens Cleaned <A d “EMM DELCO captors uber pode nee = lave. ce sites rofere meta °s 450 
SIGESECLLC MOO COTS) LOn Des Wald CON se rele icmets cw heneis lerejetaiones eh flee: « 451 
Persons intoxicated or with certain diseases, not to use.... 452 
Persons before entering to thoroughly cleanse body....... 453 
Changes in construction of, how and when made.......... 454 
Hereafter plans for, to be approved by Board of Health... 455 
Smoking and chewing tobacco around, prohibited.......... 456 
SPINE ets sINswaver! OL wpromniplivedins | re. sees ecee ys oe oes 456 
Signs to be posted calling attention to spitting......... eet 456 
Copy, OLA TTICler covering: tonberpostedc a, «is 42s eeraedern ce 457 

T 
TANKS— 

See Sewers, Plumbing, etc. 


TAR— 
See Explosives, Inflammables, ete. 


TAXES AND TAXATION— 
See Saloons, Regulation, etc.; Controller; Corporate Limits. 


CMCSA CL Caittns a Raee Pent cis Taicte oi fcnkhc MeN cueae ta ee eth es: a eats ote s ab oral aces. wee 1338 
City sia VT OLeCLOS cul LOMmMeLOl tieacsnta sy ee Gases ee bun anette in wee ueteionees 1339 
Allepropentyein Citys SubjeGetto, .EXCeED Es wun a fia ele elenestenehy diese 1340 
Occupation Taxes— 

EC at OMe VerOCCUPAtl OMe 20s crate ae Or. sede bie iee oer er thels oleae atta 1340a 
Penaity. fOreno t Day ini mys orate ees sith Sine to aes Dieta abarey ai aap 1340a 
TERM LT Coy OLR eat Ae ah cee os, a iets Poh a. amet ncn Veh: vo codcas, Sa ovee aba, Siete: Sty 1341 
Various occupations, etc., subject to payment of... .1341 (a)-1341 (k-k) 
BeGCRSOT TO TBIVG PECCIDE on dic’ aherginl 5 Wiersle Sisie a a Wael eis apa eis OU ors 1342 
LACEM SLT OS DOR DOSE a we ot hoses rebe e hyenincs by Ae oa Rabat sc aieiar ataut, cients Mal) ah 1343 
License must be posted conspicuously, etc..............6. 1344 


47 


Ixviii Index. 


TAXES AND TAXATION—Continued— Section 
License must be exhibited to Assessor and Collector, etce., 
Chiefof <Poliee, Peter ae sion scaet oe ketehe ceamtineiak: Rice hae reigns 1344 
Assessor and Collector and Chief of Police to enforce...... 1345 
Prosecutions for non-payment may be dismissed, when.... 1346 
Occupation Taxes, Liquor— 
Kor selling spirituous, eter, J1dUOrs BetGnn yer. ees ee 1347 
Application for license; contents; must be sworn to........ 1348 
Licensereranted*or refused Whelrawicitccisute atans ones staste Gets 1348 
EACCNSE: REV OKCOs WHO him cite sus ce lots Suohtnt natcs et cantons eon ociaean ee tes 1348 
Taxes to be *paldy In sad Van Cerna: cote Meee a ocean eet eee 1348 
LACENSEe LOL Pes POStEd, TOU ui wets se 5 leks bteas ne paketeteke eee oe owete sate 1348 
Hearing on application for license, when Mayor, etc., not 
Salistred (55 ere Veer atk geke he Wee ea atenals Conn oeeiege siaee me me EER Bones ease 1349 
Action by Mayorrete. Oontap plications aelaae ae cioeieeaie ele 7 1349 
Licenses not to be issued for longer than one year......... 1350 
Licenses: to expire Sist day-ot Decemberc 7 us wis eee en ie 1350 
TAIGENSES! TO SEALE Wa UR lens. ge here cabal ipoteie ehueemeiran: Ht etieke en eae aN Demer 1350 
‘Transier Of CHCENSER ales a sakene ee pieteie ik noe ete neous ae ed ee oe 1351 
Saleof license,under execu tonircn ci aka en eeeetele Gin ea onenee 1351 
Refund of unused portion otelicense ne. eis ee cetera 1352 
Change of -place-OP DUSIRCSS. Ua. hin cee are aig ee ene eke cee eae ee 1353 
Number ofthecensesaltim it edintess sie iriche ta crete aes lee eouctee ieee tats 1354 
Penalty for engaging in business without license een arr ety CPHL 350 
Payment of United States tax, etc., prima facie evidence, ete. 1356 
Secretary “to “keep records, "CLC k ec eascuetsisisiees stoic dancin Cle arene 1357 
Assessor and Collector— 
Creation Of Office? Appointment, —Cterr. wsciets alah arene ersten 1358 
Oath Don Gy test ies Sh ech ke i Sel alas os encima eos eet ionaie Ma teie Rarer Tella 1359 
Deputies, appointment, oath, bond, duties, etc............. 1360 
Power’ to! administenvoathis nets ase paneh. cele eeuie er anes eens 1361 
DUti€S VOR ae se aires a itcs te wee te MUS et a ah eee aR Opens steie mene bene ean eames ~ 153862 
Receiver and collector of taxes, moneys, etc............... 1363 
Shall=perforny certain -Charrer duties... citrate eee 1362-1363 
Shall pay over daily to Treasurer all moneys received, ete.. 1363 
ExxXecutiverheadso£ Ofice ete. oe a awlcadeuclbarede sheet eete dace cias 1364 
Shall furnish copy of assessment sheets, etc., when........ 1365 
Collection of taxes on personal property, etc.............. 1366 
May -Selze fOr TAXES.) . chess « ccstahs Gisele devemend res nero aiken ade eee teens 1366 
Shall makecmonthiy. reports, etre 1. oeierdentelenereenctesny cacee tienen 1367 


Chairman Board of Appraisement— 
Tax and Land Commissioner— 


Shall perform certain Charter duties; ete... 2 ts... 1362-13638 
Rendition, Assessment, etc., for— 
Assessor and Collector to prepare inventory, etc., when.... 1368 


Assessor and Collector, etc., shall take inventory, ete., when 1369 
Property owners shall render to Assessor and Collector, 


Ot Gl wWheNn, “CLG ais chs atetep emake GRE eis meceerene ce pea nae meter ate ae Ree ee ae 1370 
Property to be listed on blanks furnished by City.......... sy 
Property shall be described by reference to Assessor’s block 

DOOK SA CEG. GA acid eel ode eaten aaa EES Ech gc eeeaean ees etawetnes 1372 
But one tract. to pe placed Gm lime Seis oe arse caster Moke sekonetet en ater: yes) 
Improvements to be aSsessed separately.............22000- 1374 
Oath tobe: taken by Properly OW NES, cree alee encerse gi cee Sens 1375 
Assessor and Collector, etc., to inventory, etc., unrendered 

property, (when yA. es Rites eater eae eaee he ete lise trance caeney ate 1376 
Assessor and Collector shall keep block books............. NEE 
Assessment. sheets to be bound; €t@in. 52. 2. Se ce eee 1378 
Notice of meeting of Board of Appraisement must be pub- 

TISH@GR STG SoA oh aeecve iar ay oye ici ao MUN Toa OAR eer RUT Sarthe rast tte 1379 
Assessor and Collector shall prepare two rolls after Board 

of Appraisement has completed its work, etc............ 1380 
What shallsbe shown byeSaldmrOlLlsiie citar sienna sue elena 1381 
Assessor and Collector shall sign each sheet of rolls....... 1382 
Assessor and Collector shalliswear to w:0lls.. Gian. cents 1383 
Certificate of Board of ‘AppralSemen te. Ges. nic hel she soutreisnsiete eis 1384 
Disposition of certificates, after being sworn to............ 1385 
When approved by City Attorney, to be read at Council 

TNESCIN iy od Ee Doak edd Sar esas Ses gene aera Tole epee aicecee cee urreReNe 1386 
Assessor and Collector to be charged in amount of rolls.... 1387 
Supplemental assessment roll to be made up, hee UTNE Bite ate 1388 
Chapter directory mostly...... el Fatal mm etey. an, Seeker arabs ateastehe ance 1389 

Collection— 
Roelis tobe completed, by July ASt. cso cals all ehedeehate kan here 1390 
Receipts and ‘SttueS,.-EbO.c4 ii tere er enemies kta date panel cosmic oh tlamee vee Petia ter a fe 1391 
Moneys received to be credited to particular tract......... 1392 


All taxes a (Hen against the property) 6te (ocak ci eee «a orotate 1393 


Index. 


TAXES AND TAXATION—Continued— 
Personal judgment may be recovered against the delinquent 
INOSpart. 4esally dues £O.De LemMILTEG CCC tin cictcre eae iouces «le geal 
City Council has no authority to extend time for payment.. 
When Assessor and Collector, etc., are authorized to divide 
ASSESSIMEITES Ss CUC MM ARE: Ehanel Pott be std are.cep tate erate sn cleher espe e'alate 
Assessor and Collector must not divide assessments so as to 
allow partial payments 
Delinquent Tax Attorney— 
Creation of office, appointment, etc 
DUCHESS CL Cumiee tens ats t ness terete vole tlie oictets neha Ae aia Eales ae cae wea an 
Officer of Tax Department; salary 
Delinquent, etc.— 
Delinquent tax roll to be prepared, when, etc 
Payments shall be noted on Delinquent Roll.............. 
Assessor and Collector to furnish statements to Delinquent 
PARMA LOLITA CY Miron ute. oh oor teen RUM real al ede a Mea at ohare SmaI ere aa at atia 13 
Assessor and Collector entitled to $2.00 for certain years. . 
Taxes may be collected by suit for years 1875, etc........ 
Delinquent Tax Attorney to represent City in tax suits.. 
Proper parties to be served with process in suits, etc 
Miscellaneous— 
Vague descriptions may be explained, etc 
PaxsrollisnnLima taciere v1 denGerl CLC Het pw tins tee eae W ahevem, «es eiispaie 
Purchasers at tax sales subrogated, etc 
EEXemiptronsmtrOnebaxaiiO Mises « «eteatehs tists aferal dares ts ate cle de.) cclere 
Houston -licht Guard: Armory partly exempt...) 250.5... 
Tax judgments may be transferred upon consent of delin- 
GULETUCRCALK PAV .G Ton otras pale oirs dan cnn ecire alone Potevtone: o chue oh bole ai ete ehe cha wetenene 
Assessor and Collector to furnish Mayor duplicate receipt.. 
Court costs must be paid before transfer.................. 
Procedure to buy property purchased by the City at tax 


Ae (0,6 GOO". MO She af cae) 6 6) 61s ce Ue cei ie) @) a 2! (ei wice, (e's) |e « 


OD (60 2, 0 ef 9 0 e <6. wee el ae eje #0 0 eye 


okey ee, Oe ef oa) Sen's (eo (6) '¢ fale 4 6) e he. wR Ne 


ete (est @ el eeeis) sl aie 6 9 


Cee 6 vw eh e: 6 @ ears, 96, 0: 


wl.ercele, 6 ess 6 bce 8 © @,.¢ | '6) © 


SALOM CL Gaps hie ava caret ere aisle wie nratota a diag ee ies eials Sis ec iia eye tie tie 
Assessor and Collector to make receipts in duplicate etc. 
Purch as eis, towrecelv eG, CCC Gis)... oie, beste rern eta tues Merv eho stotelevalits one ¢ 
Controller to furnish Delniquent Tax Attorney statement 

OMCGORtSEpalay Dy. Clty sue cake c a sien sed ei, saciers | Sa lek eo oriee 


Mayor, etc., authorized to sell property purchased by City 
at tax sales SEMEN TL TET ea Re MALI a Sree swe cney snort Teton ke eh abel 


Delinquent Tax Attorney must vise all deeds, ete 


TAX LEVYING ORDINANCE— 
Omitted from this Code. 


THELEGRAPHS AND TELEPHONES, ETC.— 
See Electrical Department; Pool Rooms; Sidewalks; Streets, 
Sidewalks, etc.; Bill Posting. 
Manholes for underground systems, ete., to be located by 
ChExmerelGGer LGAs aetna Lae ask hae kato ote labeh etek hatin eters temeMelle voisys 
Gross wires tO De miVe ECCEPADAT Eas. scales a afc ce etere sf alee eles 
Wires only placed under sheds by consent 
May use property Of Other COrporation 5.2 6... - 2). oem o 
City may change mode of conducting wires 
DULG IngCAsCrOLeDLOKCNEWLECWionsererats tenatets ai veelata a cislty Sotaaiaparene 
WihenmwiGbeSn limp rOperl y= CONSELUCECC cus weeressisleteto tie ae inte sce wile 
Unlawful to furnish, etc., to owners, etc., of pool rooms, 
PTC RO Stes Aft cle ah REPU ine De ce ee ee 5M bic. gy OME We 5 a 
Wires, etc., remaining in pool rooms, prohibited............ 
Unlawful to furnish, etc., to pool rooms, messages......... 
Wires, ete., to pool room establishments, prohibited 
Shall keep $200.00: deposited with Treasurer, etc 
Polesttoubeekep ty paint CO cee sasptmetedvoreemera keue cf shel kip Pad che ew eetereh's 
nla wale tow mila wet Gr DOLES mreamtscl ets scte tats tatepe tate she dene) oe eee 2 
City Electrician to designate the location of............... 
Location of poles shall be changed when directed.......... 
Shall not erect poles, etc., except as provided by Ordinances 
Pernilt necessary for ereetion of poles’... 32. 4. .he ee eee we 
Two lines of poles, same side of street, not allowed, when.. 
ILO WADOLESELOR DCT ET ECTCK: su akitl cee stett eh hots wa cheholaientte tusteratanct eos) ¢ 
Each line of poles to run on same side of street 
Advertising matter not to be placed on poles 
Shall Tivesserecmentnt ore JOIN CAMS OC. ren. clare erenciers! = ewe ebelotaeithacs a> 
Must file permission LOTMUSORDYe OLE Virago tenet eNels aittcch share oderls. Sets 


City Electrician may change location of 
Poles OU DeaDaIN TCO LGiuitese: cree t eGels SVs ve dele fee oven ae eleva liens ( siqdue 
Bill posters shall not affix to poles, etc., any sign, etc 
Tying of hand bills, ete., to poles, etc., a nuisance 


oe ee eee woe 


Sees cee aneesrsveeee 


oer eee eee sree ee ewe 


«1 aiNatie. @),3) ome: (8) Che! 


Sa Sie 9) aye st o io 6 


Cees s et dtsios oC ee ones © 


oer eer eee 


Section 
1394 


205 
207 
208 
210 
211 
213 
214 


886 
887 
888 
889 
1223 
1269 
1270 
1271 
1272 
1274 
1275 


1276 


lxix 


lxx Index. 


THELEPHONES— 

See Telegraphs and Telephones, etc. 
Regulations for government and operation of corporations 

having franchise 
Ratessof Charest epee casita apccetece iedaheat cates sists (ee eaer nc aeeris hen sone eran eee 
Penta l tye sire sae hae too ie ete toahe te . Merlo beh hee tne aa Ai pes oa as OT 
Rates of charges to fire stations and public schools........ 
Nd GitlonalAicen's Gi sf GS. H1lohet crate nelsteletine ais ie teucehtona eteaceietaiites ee tenet 

Annual Reports— 

Sworn, to be filed between January 1st and March 1st 


fe ls eB 6. “t)\0 wow le Jeg aie WAR W Lele lbile eye le kee pice oles wielle oite 


ee seme ete 


CONTENTS OL 7 ATA ae ote Seok tts Tedot a tae ce hehetoment rete toate teat Bee meas 
Hacts “as” tOAGT OSS® INCOMES. Wa iy, ek hae naeie kcneh aie ee Siemon eon enact re 
Macts*ast to operatin a ,expenSesinm ten talta pone oe 
What to be shown, if corporation is operating telephones 
int OLDE | CI LIESHTETC RM iaiias hocicae ve Letaecl a oie rome tencmclinne wich: Rete eee eee 

ReEQGuIFeEMents! AS MUO AOA ean ene Bee eas ternedals eilenete tens tcual eaten rer 
Tobe tiled andipwolished sr rwitenitoest.s.1re sence. eiedene eRe 
POM ality: oso a eA ri tet dorsal sis fonenctaa tea elapse iets Os betzavie take Ie Mitel eck Aree aM Renae 

THNANT— 
See Garbage. 

TETANUS— 
See Communicable Diseases. 

THHATRES— 


See Board of Censors; Moving Picture Shows; Moving Pic- 
ture Machines. 
ae ermit: NeCeSSaryrtOuCONGuUCtt oar ah. clei wie) mee heya oie rence teat 
Application in writing for permits .contentsea. + ore 
Mayor and Council may refuse permit, when.............. 
Applicant muUSt S1V.e) DOT i wt minecte tone ns haste emanate ite renee simian 
Allfexisting theatres=to (comply. civics stories aie Pale Wp yee ory Cx oad Ps 
Penal type eee Riehl ete, bake baie, SUS ISE CMA Geen eine ea sence eRe oie 
Provisions Lormcons truce Orion ae oneuiey. Maem rain Beye Seg atl n 
Penalty “fon not keepine aisles clear (etc we aastrrdinis keke eee 
Penalty for violating terms with reference to construc- 
TLOT CTC RL FA, cee cack te, aetna eta ts Cone eatin tet alte inaatcet a itech mst Me aaah eae Ame 
Unlawful to construct, etc., contrary to Ordinances, when.. 
Not: constructed as required, a muisanGe aur nies es oka 
Buildings now used, etc., to be aa with GxXits; setCin.. 
Unlawful to smoke in. ike Whaat hateceuass AUeher en atektee ieee te tenets ahh elses 
Unlawful to use oil stoves ire: Th ow eho ot EL ee eee 
Stoves: used smust Dera pDrOVied ire wicters cles sueecletcaes. Pe aemewe sy eeenn yeas 
Hire extinguishers tol beskeptein, setG.y7- on ction patel ne loie ee elie 
Unlawtultossleep, ane tk practise icus eve osc -netchant areata tersiauster se eae 
Shall furnishecleansprosrawis ac cote cine sie eEtehe nee toner rent eee 
Penalty ws SoBe sides Yaueho whee reste tet eetaa oteoue kame Eire re tole te ete ete a tee 
Penalty, employee, inte A Slee eee NS eee HME Tele tab ere Cieeesbonmenaete ree tonettenk 
Unlawful to enter, etc., without payment admission fee, etc. 
OCECUPATIONLEAK LOLs cuctucelers eset ners eran eeieun eed esate eke 


TIRES— 


Width ot eprescribed, pOUGem cole mecaehs iniete eis vtsteaaictos-a Weert ise sneter. 


TOILET ROOMS— 
See Food Products; Sewers, Plumbing, etc. 

TOW ELS— 
Maintenance of roller in public place, a nuisance........... 
Barbers shall wseée clean forveach persSOn em oeciwinielercueies ie eel 


TRACKS, RAILWAY— 
See Street Railways; Railways. 
Tobe: maintained on anlevelos cise nae ue ciererci a ate ens caskets, 
TO: De /TEPairedyetes © sive alee oe Sete eels Pane Leake tate ie botany poi ee 
Streétirailway Shall; waters viet sets cee e iliis esueie ei ee isan wee eas 
TRAFFIC, STREET— 
See Streéts, .Sidewalks, etc.; Railways; Street Railways; 
Public Peace and Order; Public Safety; Carriers; Vehicles. 
Definitions of “driver,” ‘street,’ ‘‘curbs,” “person,” ‘“‘per- 


Sons, ands Vehicles ews pense oe at atel > tenet ene ee at ote ar eee 
Drivers, ete., of vehicles must familiarize themselves with 
“Rulés of cthe “Roads. EtG gece Websearch cae tank ence ene 
Want of familiarity prima facie evidence of negligence in 
CTV IL GaOtl ON eda Na tile Due aeons flrs nate bebe ve kegtetotre Ae Tiere Re Isler aD Raa sdeatae etea 
Failure to observe traffic Ordinances negligence per se..... 
Speed limit in various parts of City, and under various 
CONGITIONS 4's elie Tere hao ene Gi Ue METRE te oan eres 
Rules and regulations governing drivers, etc., of automo- 
biles,: ete. +.:..-+ eae sa ESOS va iiealebarte in choke Mie ro Reem ern none NORMA E ae tele ie 


837 


1341 (m) 


1310 


419 
436 


1140 
1141 
1169 


1298 
1299 


1299 
1300 


1301 


1302 


(c) 


Index. ixxi 


TRAFFIC, STREET—Continued— Section 
Rules of the Road, ete.— ‘ 

Shall keep to right of center line of streets, etc............ S02 .0R) 
Meetiner venleles shulinnacs torrie te area tae 2 a atnuaenes. 13:02) GL) 
Sale nO tat VeLOne pas S vara rie wae seey Wltoles diatancks denis 1302 (2) 
ONMErlLAki ln SeViGntGles sHO Wr PASS asic wench sete olckels bile crakeno te cRe De Oz 2s) 
On avenues, etc., with parkway, etc., shall keep to right 

CLV SLOTS Se ete net ad ar tare are cer yeh ar an eer womaban geueed Sead ELAN aes pF Se es Ola Ces) 
Turning corners or in streets, etc., observations to be made 1302 (4) 
MUITnInes COLMCES eu O Wir COME sable hehotes chet a ket sce Ts ala dl en, ale sis 1302 (5) 
Not to pass vehicles at street intersections going in same m 

GiPCE Glories cists ciate caver ler erete cin ee seb e wap aseate crite tints epebiner sa 1302 (6) 
Vehicles turning to left shall enter other streets, how..... 1302 (7) 
Positions, ete., of vehicles with reference to curbs........ 1302 (8) 
SLOPPINSwete,, ir Streetse prohibited) except... «1. sc... oe. 1302 (9) 
GrOSSINES TO tetOv De ODSEPUCTLE Rie) yc nccniee o siete Were cutee) oiitieets 1302 (9) 
SLOP DIN Cl ati NCersections -promipitedr sisi a crcke eo ace ee 1302 (10) 
IDNSchareewetcee Of PASSE PELSti sar atersrt eee seen cemekemaehes cies ares 1302 (10) 
Passing, etc., street cars receiving, etc., passengers........ 1302 (11) 
erate © fiGerstOse, DOVODEY OGrearadcisre tesserae tanetatetels ararerst cc vapdataten ae 302-11) 
IS EEO fe WAY NOlmVA LION SH VCITCG]EGtiarn cctrcc mec crt ela gid other sepa TSO 2 CL 2) 
Signals to be given when intending to stop................ 1302 (13) 
OLIVE BES STE a ee ty pees nee eb be didaks Patera re Pinaceae reire crc atte lopttene euanatee mie: 1302:C 3) 
Distance between vehicles approaching, etc., crossings..... ABAD GLE) 
Duty on receiving signal of intention to pass.............. V3'0:2),€15)) 
PCGEStHLAnSRCLOSSINE TSUN COESIC ct ceat lon selieuat ake alee catered iciabet aad ae 1302 (16) 
CUrPDShNOMtOnHEHIMONODOLIZCG arene ty. cite rata starckete late ev ened euchees eS O2% Ilr) 
MelIGIOSMhOwW Modded awa tau iT OTMMmGLG ULL tants oleyyscoeereheseberemeteds 1302 (18) 
iWVehiecless contents Of to be covered, -wlenni ta. saves Hs scene 1302 619) 
Funeral processions, lines of, etc., not to be crossed........ 1302 (20) 
HPunenale processions, when stanGdine so. s 4 slices Ce + awlelele ced) s 1302 (20) 
Permits necessary for vehicles drawing another, except.... 13802 (21) 
Bicycles, ete, prohibited) on sidewalks) (EtG wo.48 1 « coker sth sis tens 1302.(22) 
Pedestrians Net to ONStLUCE SIGCWalKS) GEG. cag. cere os se 1302 (23) 
CertainkvehicléstoynaversOne Sy. CLC cress snels caine ano tele a samen 1302 (24) 
Gongs not. COs ber SOUNGER MEXCED tia cenaiotenalentsaemaiens 4 eusielences sticens 1302 (24) 
CLONTIES BCHATACTEH EO Lc iosek chee eee or ek One ne eecare NNN. caches tas 1302 (24) 
Steam, emission of; ete, by imotor vehicles... 02 .. .83 is 1302 (25) 
AULOMODIESH Shits ON sa Et AreSUNSCt se crete stomeuele elon ane bebe uane 13029026) 
Certain vehicles using electric lights, etc., must be equipped 

Will etude O: Will wt Garotais ck aeate acest catalay ty ae ara A arcMehy Ph etc lepers ass 1302 (27) 
Horse drawn vehicles to display lights, when.............. 1302 (28) 
Trattie Officers, directions Of tor be ODEVEdi jai. acces cree one tecels 1302 (29) 
Certain vehicles have right of way; duty of other vehicies.. 1302 (30) 
Speed limit for vehicles of Police Department in certain 

MIE YQT eS aera cees re or at retrain ick Satin arson cues Toba anlel ny Crenctne ace thane oblate co. Uva 1302 (30) 
Drivers of vehicles, duty of on approach of fire apparatus... 1302 (31) 
Obstruction of streets by vehicles, etc., prohibited......... 1302 (32) 
Vehicles loaded with merchandise, etc., not to be driven on 

MAINES ULeGtry DELWECH Be XCED teres © sraudilstersee crsveiel oe fayanehereie o: 3028 Gon) 
Street cars: to stop swhen- and: wheres CtG.5 s.rahi. ce eset ee one 1302 (34) 
Police Department, etc., has right of way through proces- 

SIO TUGS Ges WALL GHD thew Se tcp atta Scone toap teen cea On ey Cet Say hie teanel ot cetemey «fos casters Nera sha 1302 (35) 
Obstruction of intersecting streets by vehicles proceeding 

LI DLO CESSION MED LOMUD LLCO cg: mutha tidal dete <rodcn ic Nolet es ote ailetanate rs $302 (36) 
Street car drivers to notify pedestrians if can pass........ ESO 2N Cae) 
Street cars loading, etc., passengers, to stop, where........ es OAAR (Bite3)) 
Property left in vehicles for hire, disposition of............ 1302 (39) 
Vehicles shall not drive on, etc:, fire hose, etc.............. 1302 (40) 
Spreaders of animals drawing vehicles, prohibited......... 13:02 (41) 
Horses notetoipe lett unhitenedssunless's5 nay sale cle aes © aiele 1302 (42) 
Horses  shallenot: besleLrteunpitted UDICSS cl as.. sete: ele a es 302° C43) 
WHeSISwet Guat O UAtOnDeELeliOv. ed, sUTLCS Sins te carers te eliie ee. ste letats 1802 (44) 
Streets, etc., not to be used for breaking animals, etc...... 1302 (45) 
Horses, etc., not to be hitched to fire alarm box, etc........ 1302 (46) 
Spitting in, etc., street cars, etc, prohibited). ............ 1302 (47)° 


Street railways, etc., shall post notice forbidding spitting... 1302 (48) 
Hanging on certain vehicles by persons riding bicycles, etc., 


BVT a Ud cae a vce cad eee Ado wh ale hu (or etatch a! Gua glalle’'p ea, 3 1302 (49) 
Obstructions of streets, etc., by organizations, etc., without 

DSC PE DLOMIDI TEA eee aa etches rec Utam oie rs ts tinea lehe epaisiis\y ote onus 1302 (50) 
Police, duty to familiarize themselves with traffic Ordi- 

TALL COG SSUGLC mmnrRne Mer isstsl eri coi penaiat. ata sAemaasald, «ual an aver opotels ons: ss 1302 (51) 
Persons USIne STLEStS AILEY ¢ Ol wis sieies 4 2,50 nts a eherels i erae teeters SO25C5 15) 


Drivers, etc., in case of accidents, etc., due to driving, 
47 kak OLS Oblate or ei Pie hr geet ea ae ay re Lie Sane ro a eC Se Sess 1302 (52) 


ixkii Index. 


TRAFFIC, STREET—Continued— Section 
Vehicles not to standvionger than -sexceptions)..... ovis dees 1303 
Drivers shall not refuse, etc., to stop, etc., as directed by 

POLICE PSAs corn oneis wee. ciel ora san tatnis aee ate Wena roe maracas cesta neem ces 1304 
Penalties, for violation of traffic Ordinances.-.......-....- 1305 

TRAFFIC OFFICERS— 

TOSBEYODEYV OO Cem seek eG Rasta tle e Beode tint le Gene eee ote nee eat 1302 (11) 
DITEctions= ton De. ODEYeO at acne ain sua nroene acre eea tee ice a ae re 1302 (29) 
Directions» by POM Ce Mikasa ho. wean bese: ate orate nce ee Raa 1304 

TRAMPS— 

AYATA Ska beer: or SPU co Chea mma Mea ST) ates Ut Die eee een Si dro Rw eA EE ia yee 939 

TRANSFERS— 

See Street Railways. 

TRAPS— 


See Sewers, Plumbing, etc. 


TRASH, ETC.— 
See Garbage. 


Burning s prohibited UNLeSSoer s oe eke e cRowioas tne teal eh aae te eer ene re 309 
Throwing, etc., on sidewalks, etc., prohibited.............. 1318 
Uniawfulhto* throw ion Streets; ete. wihics tue sate ee ee SE eee cbt!) 
Unlawful to permit to remain on street, etc............... 1320 
W henmioy Off CNS Oils heat oekale 5 Sok ele ee ene ols ko care etches, aOR ee ae 1322 
TREASURER— 
Creation OEM OMICE CkCs antes ic cick em ie ea ccike ere nee Te ee ene eee 1423 
TUCO SO Fos eh raha te a coke le tole he to cobiar teste fo te lene Seats Meneeneits Reta Ce ee ae 1424 
OLRer | GU ties Heirs Wik Bites teow Se is ee ean eee ea ee Ae ee ee ee 1425 
Bonds tot berei ven we eet 6 akc Slew ste Pie skawe teeedeke eat ats ace Sco 1426 
RES ECW Gh conn penne SP een Mite SCE GMMR EES ce tae tm SS Gis opt fe Ap scale We) oh aca ek 1427 
TREES— 
Destroying, et¢:, in public grounds, prohibitéd’......-..... 686 
Limbs, etc., must be eight feet above sidewalks............ 1241 
Advertising matter, etc., shall not be affixed to............ 1295 
TRESPASS— 


See Intrusions, 


TUBERCULIN TEST FOR COWS— 

See Milk and Milk Products. 

TUBERCULOSIS— 

See City Chemist and Bacteriologist; Swimming Pools and 
Natatoriums; Communicable Diseases; Contagious Dis- 
eases; Infectious, etc, Diseases; Physicians; Food 
Products. 

TUNNEL— 
Unlawful to establish less than two feet below established 
PAE) CUCL io Mitac erat eoeine abagene Ona hare iets Deieerone Leek oh eee 1204 
TURKEYS— 
See Fowls. 
TYPHOID AND TYPHUS— 

See City Chemist and Bacteriologist; Communicable Dis- 
eases; Contagious Diseases; Infectious, etc., Diseases; 
Physicians; Food Products. 


U 
UNDERTAKERS— 
See Vital Statistics; Burials. 
Shall register name, etc., with Health Officer. .....(2.->...; 479 
Shall notify Health Officer of change of address.......... 479 
USING ANIMALS, ETC.— 
See Animals. 
Vv 
VACANT LOTS— 
See Grounds; Stagnant Water. 
VACCINATION— 
Board«<of: Health- may, requires, .\ts 6.siesty-dets ew oes haste ents eee 389 
Health Officer ton vVaCeinate tree ens aiarsresete atten eee Pea 406 
Persons shall not refuse to be: vaccinated. 22.2. irs eee 486 
Persons shall not refuse to allow minor to be vaccinated... 486 
Supervisor of Hygiene shall examine pupils for............ 486 


Supervisor of Hygiene shall prevent pupils from entering 
Schools; WHEN? S45 6. cas ee Bee tah eRe oie wee tie Soehea ete h eee nym eee 486 


; Index. 


Ixxili 


VALV ES— Section 
See Sewers, Plumbing, etc. 
VAULTS— 
See Moving Picture Film Exchanges; Privies, Vaults, 
' Closets, Cesspools, etc.; Scavenger. 
VEHICLES— 
See Carriers; Fire Department; Contagious Diseases; Mar- 
ket House, etc.; Parks, etc.; Animals; Public Safety; 
Streets, Sidewalks, etc.; Sidewalks; Traffic, Street; Tires. 
Drivers of, for hire, to see that has license... . 6005... 5408 0 64 
TOWMELSE OL stone LEY Cu MUISty 1 Vem DONG ae suacuek sashes sith oLcksoyetiierens 65 
Receivin es On diSCharein 24 pasSeMmS CLSirne « sis se een sbakel cueler ensue, oha cee 75 
Occupying streets abutting Market Square, how con- 
SEMUGUC Case tecexs Miele evans see helices ote cs POE Pee ics Ont: eae Merona sae leap ah oar 604 
OAV INOS MAP LT ICS PACE Civgatay etee oo Si mek er kar bh aae ude hath ery hase karan ir ain 665, 666 
sine awithoute COnSént. OL OWnermetC guts ts as ee ces cee 872 
NALCO VCS Lee COLLISION MOL sere cutee erent otter teatro eee 928 
DMmtyeOi Orivem-OL- In CaserO LCOL LSlOlis seaeca seers stale cree cee ees 922 
Riding eete sr om Side Walks ELGakia mach etine cn ee carn coke anes 1247 
Prohibited from standing, etc., on certain portions of cer- 
tain streets, between certain hours, etc...............2.-. 1253 
Widithsofatiness preserib edicrose poceacnetldy crcuste mee sue her meatal ie 1310 
Driving on sidewalks, prohibited) except. .js. on. stock 1315 
Reswlatine sis er Ole lait eller et Cartes. colette casket aloe ane owes 
VENEREAL DISEASES— 
See Food Products. 
VENTILATION— 
See Barber Shops; Sewers, Plumbing, ete. 
VENT PIPES— 
See Sewers, Plumbing, etc. 
VENTS— 
See Sewers, Plumbing, etc. 
VETERINARY SURGHONS— 
Shall report to Board of Health certain diseases.......... 494 
i tM entlOM ket Gre © felihl | Kis CALC incu esebece Loshcuewerece ls tata: auel Seame Deg 
VESTIBULES— 
See Street Railways. 
VITAL STATISTICS— 
Physicians, surgeons and midwives shall report births of 
CHALE meee rae te neheeee ee Oech eal Siac w se PLcoe ara eee oLaetene Peni okal Steger’ Oven 
Wndertakersishalleiite death-certifICcates’. sce cslanc cle tie mane ie 
Physicians,.ete, co fill-oup death certiticates .). S75... veas eh 575 
Health Officer to give death certificate, when.............. 576 
Record to be kept by Health Officer of births and deaths... 578 
Undertakers to make examination and keep records of cer- 
tainepodies prepared: LOY DURA lL mais +.feusspel eke: a sisveen tae ener a = 581 
Undertakers shall give notice to Health Officer in certain 
CSO Se ere Reet Maree eee feneina tae cciah Nine Podaue reenter sbenmeiaee: sae emcNen ata = 581 
Hospitals, etc., to keep certain permanent records.......... 583 
Examination and record by physicians attending on hos- 
DicaliswetCeeln CertailneCas CSrg.e svat stace ce & eastess Ee eitener etoiras Wes 583 
Undertakers shall not bury, etc., certain bodies, “without 
AMATI CLO ARC UCN tire Mekouslomens, con ccopueite atin tics Remote cites Sask twat alot te 84 
Policemen, etc., to keep complete permanent record in cer- 
CANT CoS 6 Samra erent ere lent cies Wh eeaete nese oto usot era la uM, 6 ia atans se etn 586 
All such records to be produced for inspection, etc....... : 587 
VOTERS— 
See Elections. 
Ww 
WAGONS— 
See Garbage; Scavenger; Explosives, Inflammables, etc. 
(Oil); Market House, etc.; Collisions. 
WARRANT OFFICERS— 
NMenibers<Otelolee, Departmen Ets. <s.s003 sia ae sacle) 2%. ost ciel ede see 707 
OUTTA OL as tick teak eae es, WS PRRDL OME toad svete ara: Sacha oeehw har ate tae lke ae:d 'ahig ‘ Cet 


WASH ROOMS— 
See Food Products. 


WASTE, ETC.— 
See Sewers, Plumbing, ete. 


WATCHMEN— 
See Fire Department; Private Watchmen. 


Ixxiv Index. 


WATER— 

See Buffalo Bayou; Sewers, Plumbing, etc.. (provisions af- 
fecting Water Department); Water Department; Board 
of Health; City Chemist and Bacteriologist; Nuisances. 

Board of Health thas supervision of Supplyciic. oe. + oak hick 

City Chemist and Bacteriologist shall examine, wfen...... 

Pollution vot wells -etes San Cem Nee ee eeepc cance 

Accumulation of, in. which mosquito larvae breeds, nuisance 

Stagnant, standing, PS OPS DUE Ree ra) RE Ad en An ei tee Dk 

@isterns ete st lor nator DeRSCre ened Gai. mime tcl iio nee ne ae run fy stomennate 

Unlawful to permit to run from hydrant on sidewalks, etc. 

Discharge of, from fountains, etc., on streets, etc., prohib- 


TT OC Fe SS eee ape ten Pisoni elle Wetone ae ice cal oe Ranke tre tenres a enc te weleeaie ating tte 
Uniawtwls toeturnvOon Wik Omb oper mits sansa cece dence te eee tee 
Taking water, etc., from hydrants, etc., prohibited...... ah 
Not to be taken from public cisterns, ete......3..5...-; Ae tos 


WATHR CLOSETS— 
See Scavenger; Privies, Vaults, Closets, Cesspools, etc.: 
Food Products; Sewers, Plumbing, etc.; Water Departs 
ment (Rule 8, Sec. 1454). 


WATER GATEHES— 
See Openings in Streets. 


WATER COMMISSIONER— 
Member of water, Departmen tet. sweeter teens teat ees eres 
Executive headsot) Waters bDeparlimentenic >is icteeaseiece crane 
DUT iOS. 20 Le eo eae a aor ohare eee rca ieee ic enter ce th: eae ee aan ets 
UNG RU SWED ON Hho KUM SNKS Toi (eh AOR Nay Ghats AUERH tne ream Ree Mrs (Sy 4 Gace. nid indatde aad © 


WATER DEPARTMENT— 
See Sewers, Plumbing, etc. (provisions affecting Water De- 
partment); Water Commissioner; Water. 


Creation) Of; 6tGr i sisi 1. dtadiae ce ccs ied uate ane NCL RO EME) Sie Re ls cogs Mamie tegen 
COMPOSILLON, SOLDER Acs napalnae serevons reksbotamcuc tome coe MRR Rs te fear sse hee es 
Cashier of duties; official, bond) liability; UG. w.. an erie 
Other officers, (etc. appointment ponds, CLCT mina. suuceieotnens) ste 
Salaries css Gere elokrirn. dee coer Lae awakes Ciscue  ENUSa I A Cae ede tee acaesirer tae eT 
Unlawtuletowdebracerproperty.OlmmetCe ea cuneate een tment 
Fire hydrants placed by, not to be interfered with......... 


Unlawful to turn water on,without permission of.......... 
Obstruction of access to hydrants, prohibited.............. 


Persons not to take water from hydrants, etc:, except...... 
Persons shall not put filthy substances, etc., into City 

PESeErVOIT Poe BAA aid cote ee ahs coiceahan Rare eae ae Le neko ea cuememc ae 
Persons shall not take water from public cisterns, unless. . 
Connections; etc!, not to, be made, except... i241... ERR ee! 


Attachments, repairs, etc., not to be made, except.......... 
Service pipes not, to be: entered; ete. |. 2 wiideu 2 sin chek « euske elena seis 
ReEPOre OL ecONMeCHIONS LO OECEIMACe. CLC ara casino aera aaicre len stemen ate 
Owners, tovkeep UN rep AIT Ne UGaaie wae cree nonche rcanode oie ee Noaie foeameelte ke 
Water not to irumny OCG Fak eee coe ete tebe role estes teptans Coeaa mma APag ane tas 
Yard fountains, used | Wowactae eicicis oe tober erro enn tie ceoreihosts 
ELOUES :FORSSPHriN KUM 5) shed ca heaeh Moret one Lele ieysaa riche ee orn sane 
Feed pimps.to take water no wate atetet- ie eee cin hs se ear 
Construction for Supplying -Dotlers wees a: aids see eters 
Water to be applied as stated in application: .........:..:. ; 
Connections not’to be made with private supply pipes...... 
POAC eee Se ee CR GAR eet ee STONG ie TAS, Saray ee MA en hace 
Rules, Regulations, etc., for protection, etc., of Water Works 
Water rents due, etc., first of month in advance........... 
Cash payments on or before 10th, allowed discount of 5%.. 
Consumers of water not guaranteed specific quantity, etc. 
Use-ofwater throughetire plies Cl Gnas amv srsicet nas eure 
Penalty for use of water through fire plugs, ete............ 
Written application to be made for water connection, etc.. 
Water to be furnished owner of building, etec., only........ 
Consumer may obtain test of water meter, how............ 
Test Of WAtersMeber vaste hese meu iene teases en arc site due hcy ce ro Cane Rene eels 
ATter Tests yt Ges Ot Ge hort wis era eek crs Meares onan mene Ey on ae eae Ree 
Scahline swater bill ete sna Ui sa nies Sis erence men mene 
Charresctor water, wheres nO wimMeters anetceeiceenatlare ciel ee 
Charges for water furnished through meters.............. 
Tapping CHARLES 0, Gils cgssca. chasm womens seireie Me wemehel ohne race ened cer te asae: re netts 
Charges “for rental: ofamielers eye aeicieitee brani lect he eeanaee er meete oe 
Connections larger than one inch, metered at expense owner 
Meters, .etes2 property “OLY Cityconyue yor tare, eens eb ten memene ia pellaetelae 
Unlawful .to interfere with meters, penalty............... 


+ 


Section 


395 
407 
412 
418 
424 
425 
1326 


1327 
1436 
14388 
1440 


Index. 


WATHR DEPARTMENT—Continued— Section 
Construction of Latérals by Individuals— 
Persons, etc., may, at their own expense, connect with 


aA PS HWS GAR mek SURE ich ei JB. Dat Ren LANE Oo tty eT RR Oe Pa oP eee LO 
Permit from Council necessary: conditions. -.........:2.... 1471 
iBPOnGn LOMDOr SiVenise CONGILIONS). Osean eater ccd cale-a ie clel eral aeet a bree 1472 


Connection to be made by Department, at cost of applicant. 1473 
Conditions under which connections may be made by certain 


DELSONsawicy SUCH MlaAtera Li pl Oe met Cae waiec nad aa tiettedere terre ss 1474 
Persons CcOnSLeuUctine. Cte thevOWHErSs «cistdasc ts) fee se. 1475 
CitLVaNa ve DULChASensueh slateral sey. ays ait cons tuned dene as 1476 
PCNA IEE Semeee i rtins wat On ewes ee eMC Lacon o ie. beh ree! eeu’ a odes tev gl ahimicnewenn 1477-1478 
Work to be done in accordance with provisions of Chapter... 1479 


WATER RATES— 
See Water Department. 


WATER TROUGHS— 
See Rule 8, Section 1454, 


WEEDS, ETC.— 
See Nuisances; Grounds; Health Officer, 


W ELLS— 
See Board of Health; Nuisances. 
LCaViIMNelOpeMTet Ge prO Mabie ede: ate ecetes aid alircrct asia! oP aehcve eich alone 935 
WEIGHTS AND MEASURES— 

SLOT Ve ee ese cA SE aA e ile mMatehe cle) sols a Tales iel Mekataite, vial oeord aia els 1480-1489 
STAM AdALI Sead OPE Meera cies heal Sher rete aire = othe la cute cena oer eneeallctolonecs 1490 

Commodities bought, etc., by weight, etc., must be in ac- 
COTGANCES WIENS Stannard S tnt eaakarteladereier. acters laiel nl chenaieh Mo sie 5 1490 

Weights, etc., to be approved, etc., before sale, etc., by 
DEGAISrSMet Cem sega chet too ete es ciaats Corel cherae hy coke ckau ce en alcrat ae ae 1491 

Welghts, etc., must be inspected and sealed.:............% 1492 — 

Sales, etc., in quantities of less weight, ete., than repre- 
sented, ete., AITEOLLECTLS Cap anm Mame ete ey eee le Phe cae na is eee te 1493 
RC rverl Uiysew tek yee ce hod ore cat are sat Cee a St avebeseh ieee aT es eieiuces 1493 

Sales, etc., of commodities ordinarily sold, ete, by dry 
measure, prohibited! (byw Gt mlEaSUNTE Lent. ts tale we Geis) ciejotets 3 1494 

Unlawful to sell, etc., commodities by other standards, etc., 
ETA PLESELI WGC a irencree Miata cee © ev abote ade heemaie a Minenelg sits 1495 

- Sale, etc., of commodities ordinarily sold, ete., in bulk, by 
Weishl ete. Pronipi Led, sUNlGSS ir tle 5 otc 10 ary apes eres 1496 


Unlawful for vender of commodities ordinarily sold, etc., 

by weight, etc., to sell, etc., unless using weights, etc., in- 

SPECUCA MCU Ga er hake sie) stow en meta ee ose Oradea at ak shat og Wenemsitond in heiatts ts see 1497 
Venders prohibited from using, etc., weights, etc., unless... 1498 
Venders prohibited from selling, etc., original packages, 

etc., of commodities ordinarily sold, etc., by weight, etc., 


* unless true net weight, etc., is plainly stamped, GUC. wack 1499 
WOM UTI SES CA Over. Meda ee ay whit sep scorns etek cuiode te er ool eae ara) SUG ote: ose 1500 
Unlawful to refuse to exhibit to Sealer for inspection, 

SLO Van Welo use CEGKrecnstontysasciabiel cleo veel ee eal en aveke cational ame ral c 1501 
Unlawful to obstruct, etc., the Sealer and Deputies........ 1502 
Unlawful for any person, except Sealer, etc., to change, etc., 

officially tested, etc., weights, etc., or remove seal, etc... 1503 

Specifie Articles, Sales of— 

Coal, etc., venders to sell, etc., on basis of true net weight.. 1504 
Coal were Hundred weg hitvan ds tON wrk esis cccbors <ievel cits amet euerser sts 1505 
Coal, etc., in sacks, true net weight to be marked thereon... 1506 
Coal, ete., venders to provide drivers with delivery tickets... 1507 
Coalete a.contents, Of sadelivery. tickets Gat was viny ote cues casie = 1507 
Coal, etc., verification weight shown on delivery Uebeks, etc. 1508 
Ice, venders EOeweleiin atidGl Lv.eTy waa aie eee ents abe wrercieans whence 1509 
TCEMSTCClVaramelGn tor DORIS Gr. ames eesie a seb al vie cisy enaudunuelerals . 1509 
Ice, to be sold by avoirdupois WeElZh PE UNIES Savon Aehetstere iid ety ore 1509 
Icg, tongs used in delivering to be stamped with eee: 1510 
HineawvOO Um ScarlGear OLCOTT scl cies a aieleieconsteefabenshater ae dicta’ ue reap at coe > Seeks) 
Fire wood, unlawful to sell, etc., except by cord, etc........ 1511 
Butter, unlawful to sell in prints, ete., other than in terms 

LD OMIYEA Se CEC ii ene: area, Tit ia |aid ha! Me Abeba ob Male see ara cr what aire el lolleite..evtey's L513 
Bread, sign stating weight of each loaf to be posted....... 1514 
FRE ACME Wie lO TI TIOM Ode rakes et srelatchamet ot We tee deel ohare Huet eter alot aieuei.al alte a sa 1515 
BroaderolisTetesnOU Witlin PLoviSlONS, ses sitersvele Gerais cs ahecs 1516 
SIMaAbleLruitseCLes eine pACKAS CS tery sstehers sie elele hele ates! Sher cts, ele) elers ee Da 
Cotton, certificates showing true net weight, etc........... 1518 
Cotton, false weights, etc., unlawful...... pep wee wipaes see Putheackons 1518 


General Provision— 
Achy ow CTA LCL OGY: sta metce ei ctecl terete eet reverenan tiaviseais cys) ot aisyalie nel ecptel eve 1519 


lxxv 


Ixxvi Index. 


WET MEASURES— : Section 
See Weights and Measures. 
WHARVES, ETC.— 

See Corporate Limits; Harbor Department. 
WHEELBARROWS— 

See Sidewalks. 
WHARFAGE— 

See Harbor Department. 
WHISTLES— 

See Railways. 
WHITE OAK BAYOU— 

See Buffalo Bayou. 
WHOOPING COUGH— 

See Physicians; Communicable Diseases; Contagious Dis- 
eases; Placards; Principals, Teachers, etc.; Supervisor of 
Hygiene; Food Products. 

WILLOW STREET— 
Chan eine emai Crrae- wierd ta ie rite eee beer ee ee eee eee eee e ees 1336 
WIRES— 

See City Electrician; Electrical Department; Telegraphs 
and Telephones; Electric Light Companies; Street Rail- 
ways. 

WITNESSES— 

See Harbor Department; Corporation Court; Public Policy. 

wooD— 
See Fire Wood; Weights and Measures. 
wooL— 

See Weights and Measures. 
WOUNDED ANIMALS— 

See Animals; Chief of Police. 


YARDMASTHER— 
See Railways. 
YARD STICKS— 
See Weights and Measures. 
YHELLOW FEVER— 
See Contagious Diseases; Burials; Food Products. 


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